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 April 21, 2018, the Defendant violated the Road Traffic Act (divated driving) around April 22:39, 2018, the Defendant driven CMixed CB125T in the state of alcohol alcohol content at approximately 0.151% from a 200-meter section from the roads of Dongjak-gu Seoul Metropolitan Government Nowon-gu to the front road of the entrance of the old old fish market located in 107.

2. On April 21, 2018, the Defendant obstructed the performance of special official duties, driving Oba along the pedestrian-only road prior to the entrance of the high-speed fisheries market at the entrance of the road, and continued to drive Oba while disregarding and proceeding as is, even though he was informed by E in the process of preventing traffic accidents and regulating the violation of laws and regulations, the Defendant was subject to removal from the situation E belonging to the Seoul Dongjak Police Station D, Seoul, which was a dangerous object, and received the left part of E with the front right of Oba, a dangerous object.

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties on the maintenance of order.

Summary of Evidence

1. The defendant's partial statement

1. Witnesses E and each legal statement of F;

1. The Defendant, upon making a stop in accordance with the direction of police officers E, tried to proceed with a drinking test after receiving a request for a drinking test.

In the process, the defendant was fully aware that the performance of duties by police officers could interfere with the performance of duties by the police officers.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 144 (1) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of special public duties and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution of public duties (Consideration of crimes obstructing the performance of special public duties, degree of damage, record of crimes, etc.);