A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2015. 2. 3. 07:34경 술을 마신 상태에서 C 포르테쿱 승용차를 운전하여 오산시 운암로 133 소재 보건소사거리 부근 편도 3차로의 도로를 2차로를 따라 1번 국도 쪽에서 용인남사방면 쪽을 향하여 진행하던 중 신호대기를 하다가 잠이 든 나머지 마침 인근에서 근무를 있던 화성동부경찰서 소속 의경 D으로부터 단속을 당하여 3차로로 차량을 이동, 정차한 후 차에서 내리게 되었고, 그 시경 D은 경찰관에게 연락하여 음주단속 지원을 요청하였다.

During that period, the defendant was likely to be aware of the fact of drinking, again taken the defendant's vehicle with the mind to flee as it is, and even though this D went to the driver's seat while blocking the car, he was driving the vehicle on the side of the right side of the west side.

In addition, even though D made a series of words to catch and stop the window of the driver's seat of a vehicle with D opened in the process, it did not stop the car, which is a dangerous object, and continued to drive approximately KRW 350 meters of the car, and it exceeded D to the bottom by making a bypassing the car.

As a result, the defendant interfered with the legitimate execution of duties of the above D's drinking control, etc., and thereby, the victim D(22 years of age) suffered injury, such as the left-hand slot in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate of injury and a medical certificate;

1. A victim photograph, on-site photograph, and on-site photograph;

1. 112 Declarations, records of handling cases, records of taking a drinking test, and reports of actions taken by each drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 1 and 10), investigation reports (Evidence List Nos. 18), traffic accident reports (Investigation Reports);

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Discretionary mitigation Criminal Act;