A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2013Kadan523] On August 7, 2009, the Defendant was notified of a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on the same day. On July 16, 2010, the Defendant was notified of a summary order of a fine of two million won for the same crime at the same court.

On February 2, 2013, at around 22:29, the Defendant driven D Intiti Vehicle while under the influence of alcohol of about 0.103% of the blood alcohol concentration at a section of about 100 meters from the front of an incompetence in the vicinity of Gangseo-gu Seoul Metropolitan City, to the front of the airport Sweing Service located in Gangseo-gu, Seoul.

[2013 Highest 699] On February 22, 2013, the Defendant was subject to the control on the ground that he driven a DNA car with a blood alcohol concentration of 0.103% by a slope belonging to the Gangseo-gu Police Station, Gangseo-gu, Seoul, Gangseo-gu, Seoul, on the front day of the 652nd day of alcohol driving.

After that, at around 23:50 on the same day, the Defendant, who was dissatisfied with the crackdown on the drinking driving at the above place, stated that the Defendant “this dog is flusing, four are flusing, and the face of the above E is spiting, etc., and obstructed the police officer’s legitimate execution of duties concerning the crackdown on the drinking driving.”

Summary of Evidence

[2013 Highest 523]

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. An inquiry report on criminal records, etc., and a report on the results of dispositions and verification;

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of imprisonment, and the choice of each sentence of imprisonment;

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

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the distance from driving is relatively short, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;