A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 5, 2016, the Defendant: (a) was on the top of the knife vehicle operated by Mac-gu C and returned home, and (b) was under the influence of alcohol to E, a slope belonging to D district unit of the voice police station where the said C was under the influence of alcohol, in front of the knife house near the knife king-gu Seoul Metropolitan City of the Alife-gu.

That is, the defendant "I am well-known."

p. The primary right to refuse is available.

The primary rejection of measurement is called the first refusal of measurement.

d. Fluoral f.

“Along with sound, interfered with the measurement of drinking, and assaulted by hand, such as cutting the arms of slope E in his/her hand, blocking the slope E in his/her body, blocking the slope E and taking a bath, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the CDA-1 statute

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the defendant was unable to obstruct the execution of official duties: The defendant is recognized to commit the instant crime; the defendant has no criminal record of suspended execution or more; the above circumstances and the defendant’s age, sex, environment, circumstances of the crime, means and consequence, etc. shall be determined by taking into account all the relevant sentencing conditions, such as the crime, and the circumstances after the crime.

The acquittal portion

1. The summary of the facts charged was that the Defendant interfered with the performance of duties to control drinking by the police officer C by means of assaulting the slope E in his body at the time and place indicated in the facts charged in the judgment.

2. The Defendant asserts that there is no fact that he has a slope E in his body at the time and place stated in the facts constituting the crime.

According to the video (Evidence No. 8) taken the situation at the time of the instant case, it is recognized that the Defendant carried the arms of slope E or took a bath, but its body is recognized.