A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. The Defendant is a person who is engaged in driving a CEX car.

On May 7, 2014, at around 06:00, the Defendant driven the said car under the influence of alcohol of about 0.187% with a blood alcohol concentration from a section of about 1km from the street in front of the Yeonsu-gu Incheon Metropolitan City Robam to the salt field distance in the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu.

2. 공무집행방해 피고인은 같은 날 06:25경 위 소금밭사거리 동춘동 방향 1차로에서 술에 취한 상태로 자고 있던 중 112 신고를 받고 출동한 인천연수경찰서 D지구대 소속 경사 E으로부터 음주측정을 요구받자 단속에 불평하면서 발로 위 E의 무릎, 허벅지, 낭심 부위를 수회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning E drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act for the crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above crimes, and the punishment shall be aggravated: Provided, That the lowest penalty shall be determined for the violation of the Road Traffic Act, and shall be determined by such provisions);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. The scope of applicable sentences under law: Imprisonment for not less than six months up to six years; and

2. Application of the sentencing criteria: As to the crime of obstruction of performance of official duties on which the sentencing criteria are set.

(a) Determination of type: [13] Obstruction of Performance of Official Duties, 01. Obstruction of Performance of Official Duties, 3. Obstruction of Official Duties

(b) A special person: a mitigation factor (insignificant violence).