A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On June 19, 2007, the Defendant was sentenced to a fine of three million won or more due to a violation of road traffic law (drinking) in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court, and on November 1, 2007, the Daegu District Court sentenced the same crime to a suspended sentence of two or more months and sentenced to a suspended sentence of two or more times for the same crime.

On May 12, 2018, at around 22:50, the Defendant: (a) extracted from the front of the “C” road located in the Gyeongbuk-gun, G, and driven a car in XG in the state of alcohol 0.173% alcohol concentration in blood at approximately 500 meters to the D parking lot.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. 공무집행 방해 피고인은 2018. 5. 12. 22:57 경 경북 칠곡군 D 주차장에서, 피고인이 음주 운전을 하였다는 정황을 포착한 칠 곡 경찰서 F 지구대 소속 경위 G으로부터 음주 감지기 측정요구를 받자 음주 운전 사실이 적발될까 봐 걱정되어 도주를 시도하였으나 같은 지구대 소속 경사 H이 피고인을 막아서자 그 상황에서 벗어나기 위하여 “ 씨 발 놈 아 비 켜라 ”라고 욕설을 하며 발로 경사 H의 오른쪽 정강이 부분을 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties of police officers such as traffic guidance and drinking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Application of the investigative report (Attachment of the previous decisions, etc.), the summary order, the text of the summary order, and the text of the two Acts and subordinate statutes of the judgment;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, 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 of the Criminal Code of Aggravation of Concurrent Crimes;