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

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

Punishment of the crime

1. 공무집행 방해 피고인은 2016. 9. 9. 23:40 경 구미시 수출대로 48에 있는 코오롱 네거리 앞에서 음주 운전 의심 차량 신고를 받고 출동한 구미 경찰서 B 파출소 소속 순경 C이 음주 측정을 요구한다는 이유로 “ 이 씨 발 놈들이 뭐라고 하는 거야, 개새끼들 가만 안 둔다 “라고 욕설을 하며 그의 얼굴을 향해 오른손 주먹을 1회 휘두르고, 계속해서 같은 파출소 소속 순경 D이 피고인을 현행 범인으로 체포하여 순찰 차량에 태우던 중 이에 저항하는 과정에서 D의 가슴 부위를 좌측 발로 1회 찼다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, investigation, etc. of crimes.

2. On September 23, 2016, the Defendant violated the Road Traffic Act (divated driving) driven the EM ix car from the parking lot behind the Han Bank, which was located in 17 U.S.-ro, in the state of alcohol concentration of 0.195% from the blood alcohol level on September 23:20, 2016, from the Han Bank, to the road front of the N.S. 149-2 copulian street, the Defendant driven the EM ix car at the 5km section.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made with respect to C and D;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes to a report on internal investigation (a police box shall be assigned to a police box and to attach a list of reported cases)

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense; Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime more severe D);

1. Selection of each sentence of imprisonment;

1. An aggravated punishment for concurrent crimes: the aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties: Provided, That the lower limit of the punishment shall be that determined for the crimes of violation of Road Traffic Act;