A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. Around 22:00 on August 31, 2014, the Defendant: (a) driven a B bridge while under the influence of alcohol content concentration of about 0.158% at a section of about 4km from the roads of a restaurant bridge in the Gero-dong of Gwangju Mine to the roads in front of the village hall of the Jero-gu of Gwangju Mine-gu from the 6km village center in the Gero-dong of Gwangju Mine-gu.

2. On August 31, 2014, the Defendant, at around 22:55, was subject to the control of the police box of Gwangju Mine Police Station C, who was called for while driving under drinking, as described in the above paragraph (1), around the valleys located in the 6ndal village of the Jidong of Gwangju Mine Station, and was reported while driving under drinking as stated in the foregoing paragraph (1).

After the blood alcohol level measurement, the Defendant, on the ground that he was notified of the results of blood alcohol concentration measurement from the above D and caused the high level of drinking water, assaulted the above D at one time on the left side of the D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article applicable to criminal facts;

(a) Driving under the influence of alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

B. Obstruction of Performance of Official Duties: Article 136(1) of the Criminal Act; Selection of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The method of preventing the Defendant from committing the instant crime and performing official duties despite his previous convictions for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not good, but the Defendant reflects his depth of the crime, and considering the degree of assault and taking into account the degree of assault and exploitation, etc., the Defendant’s punishment against the Defendant within the scope exceeding the lower limit of the basic area of the obstruction of performance of official duties (6-14 months) of the judgment.