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

1. On May 3, 201, the Defendant is a person who has violated the prohibition provision on drinking under the Road Traffic Act by being sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on May 3, 201, and a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on May 19, 201, by being sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (driving) at least twice.

On December 22, 2014, at around 22:05, the Defendant driven C C in the state of alcohol with a blood alcohol concentration of 0.206% from the 500-meter section of 500 meters from the roads near the Eunpyeong-gu Seoul Metropolitan Government Maamamambro to the roads in front of the Seoul Maambro Hospital.

2. On December 8, 2014, the Defendant was subject to the control of drinking driving charges to the assistant E belonging to the Seocho Police Station traffic safety department, which regulates drinking driving on the front of Eunpyeong-gu D on the front of the road, around December 22:05.

The defendant presented a driver's license from E, received a demand for complying with the drinking test, and committed violence to the police officer's legitimate execution of duty concerning the drinking control, such as cutting off the chest of E by two descendants.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime (the point of drinking and the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment heavier than that of the obstruction of performance of official duties: Provided, That the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act];

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;