Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On July 18, 2017, the Defendant: (a) driven a DMW car under the influence of alcohol concentration of about 0.141% in the section of approximately 3km from the street in front of the leuk-gu, Sinsan-si, Nowon-si, Nowon-si, from around 04:00 to the road in front of the 1 finite-gu, Nowon-si, Seoul-si, Seoul-si, the Defendant driven a DM car under the influence of alcohol content of blood.
2. On July 18, 2017, the Defendant who obstructed the performance of official duties, as set forth in the foregoing paragraph 1, was subject to a traffic control from a police officer of the Ansan-si Police Station E box belonging to the police station of the Ansan-si, who was under the influence of alcohol, and was subject to a request for the measurement of alcohol, from a police officer assigned to the police officer of the National Police Station E box of the Ansan-si, who was under the influence of alcohol on July 18, 2017.
” 고 욕설을 하며 머리로 F의 목 부위를 1회 들이받고, 이를 제지하는 F의 얼굴 부위를 발로 1회 찼으며, 이를 이유로 F이 피고인을 공무집행 방해 혐의로 현행범인 체포 후 순찰차에 태우려 하자 또 다시 우측 팔꿈치로 F의 턱 부위를 1회 때려 경찰공무원의 음주 단속 및 현행범인 체포업무에 관한 정당한 직무집행을 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;
1. The punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, sex, family relationship, and circumstances after the crime, under the reason for sentencing, for the punishment under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the minimum sentence, but referring to the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;
· Unfavorable circumstances: The defendant is currently under probation after being sentenced to one year and six months of imprisonment with prison labor for insurance fraud in 2015, and imprisonment with prison labor for interference with the execution of official duties in 2007.