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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On November 22, 2016, the Defendant: (a) driven an EM5 vehicle under the influence of alcohol concentration of about 2 km from the upper end of the relevant YY to the front end of the relevant gas station located in C at the time of the same city from the upper end of the relevant YY, which is located in the lower end of the relevant river at the time of YM around 22:40 on November 2, 2016.
2. On November 2, 2016, around 22:40, the Defendant obstructed the performance of official duties: (a) discovered the Defendant who drives an ES5 vehicle under the influence of alcohol in front of the Y5 vehicle under the influence of alcohol as stated in paragraph (1) on the street prior to the Seoyang Hayang-dong, Seocheon-si, Seocheon-si; (b) sought a siren between the light of the patrol vehicle and the light of the patrol vehicle as it is suspected of drinking; (c) however, the Defendant neglected such demand and neglected the demand and operated the said vehicle to flee by driving the vehicle to the front of the D gas station located in the same time; and (d) the Defendant intending to drive the vehicle to “I would die, if I will die, I will die his family”; and (d) assault the Defendant to the right side of the said G with the left side of kne.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers and the maintenance of public order.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. The circumstantial report of the driver employed at the main place;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of related Acts and subordinate statutes to photographs;
1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)2 and 44-4(1) of the Road Traffic Act (the point of drinking), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;
1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravation of concurrent crimes with the punishment determined by a obstruction of performance of duties heavier than the punishment, but the lower limit of the punishment shall be the same as the punishment determined for the crime of violation of Road Traffic Act (limited to the extent that the total sum of the long-term punishments for the above two crimes) of the aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.