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

[2018 Highest 23] On the road in front of the Hongcheon-gun, Hongcheon-gun, the Defendant reported on December 28, 2017 to 112 under the suspicion of driving a DPoter vehicle, and was subject to the crackdown on drinking.

As a result, while Hongcheon Police Station E District E District F was investigating the circumstances of the occurrence of the case against the defendant, the defendant was faced with the above 112 reporter, and the above F was prevented.

Accordingly, while taking a bath, the Defendant assaulted F's chest with his hand.

As a result, the defendant interfered with legitimate execution of duties concerning the dispatch and investigation of a police officer's 112 report.

[2018 Highest 161] On December 28, 2017, the Defendant driven a DNA 2 cargo vehicle with approximately 0.244% alcohol while under the influence of alcohol at a parking lot located in the front of G restaurant located in the Hongcheon-gun, Hongcheon-gun, Seoul around 00:10 on December 28, 2017.

Summary of Evidence

[2018 Highest 23]

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A protocol concerning the examination of the police officers of the accused;

1. A list of reports on the arrest of the occurrence of a case, and the handling of a reported case [2018 high order 161]

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, investigation reports (report on the situation of the driver with the main driver), and application of Acts and subordinate statutes stating alcohol during blood transfusion;

1. Relevant Article 136(1) of the Criminal Act for criminal facts (the point of obstructing the performance of official duties), Articles 148-2(2)1, 44(1) of the Road Traffic Act (the point of obstructing the performance of official duties by a police officer who has worn a uniform), each of the choice of imprisonment (the fact of obstructing the performance of official duties by a police officer who has carried a uniform), the fact that there is a history of being punished five times by a fine due to drinking from around 2000 to 2007, and the fact that there is a high level of alcohol concentration among the blood of this case, etc.)

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 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act (the degree of violence to police officers and driving distance of alcohol);