Defendant shall be punished by imprisonment for a term of one year and six 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

On August 17, 2010, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act in the Daejeon District Court's support on August 17, 2010, and on April 9, 2015, the same court issued a summary order of KRW 4 million for the same crime.

As above, the Defendant, who was punished for driving a motor vehicle, etc. under the influence of alcohol, was driving a Dk5 motor vehicle under the influence of alcohol with approximately 0.138% alcohol concentration at a distance of about 1km from August 10, 2019 to the front day of the C Association in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the front day of the Green Park in the Yellow Sea.

『2019고단2392』 피고인은 2019. 8. 10. 02:50경 당진시 송악읍 조비실길 43-7, 32번 국도에서 ‘도로에서 차문을 열어 놓고 운전석 옆에서 엎드려 쓰러져 있는 사람이 있다’는 신고를 받고 출동한 당진경찰서 E파출소 소속 순경 F으로부터 피고인이 음주 상태에서 D 승용차를 운전한 것으로 판단된다는 이유로 음주측정을 요구받고 혈중알콜농도 0.138%의 음주운전으로 단속이 되자 격분하여 “짭새 새끼야, 니네가 하는게 뭐냐, 경찰이면 다냐, 니들이 하는게 뭐가 있냐”고 욕설을 하며 위 F의 가슴을 양손으로 1회 밀었다.

Accordingly, the defendant assaulted the police officer who performs legitimate duties concerning public peace and maintenance of order.

Summary of Evidence

"2019 Highest 2153"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A response to criminal records, etc. to an inquiry, "2019 Highest 2392";

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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