A defendant shall be punished by imprisonment for not more than ten 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 22, 2008, the Defendant received a summary order of KRW 1,00,000 from the Gwangju District Court to a fine of KRW 1,00,00 as a crime of violation of the Road Traffic Act, and on July 17, 2013, a fine of KRW 5,00,000 from the Chungcheong District Court to a fine of KRW 1,00 for the same crime, respectively.

On July 16, 2013, at around 23:50, the Defendant driven a car in the column B while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.186% from a Do near the Dou-Eup Saco to the road near the Dou-si in the Eup.

Around 00:05 on July 17, 2013, the Defendant: (a) sent an inquiry as to the driving distance of the door-to-door in the territory of the Seocho-gu, Nowon-gu; (b) on the direction of the driving distance on the roads of the door-to-door in the front-gu, Nowon-gu; (c) on the roads of the Hanju-gu, Nowon-do, who was diving at the driver’s seat in the car, the Defendant asked questions as to the drinking from the slope D belonging to the Kuju-gu Police Station, and (d) asked for confirmation as to why he was drank, and asked for confirmation as to his personal information; and (d) was arrested as a flagrant offender from the above D while driving the car and trying to leave the scene, and (e) said D’s back to the right side of the car, the Defendant priceed three times as a drinking-to-be.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

"2013 Highest 483"

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry report, each summary order, and case inquiry inquiry "2013 Highest 585";

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), and Article 136 (1) of the Criminal Act (the occupation of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 3, 201).