A defendant shall be punished by imprisonment for not less than eight 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

1. On April 11, 2014, the Defendant, while under the influence of alcohol at around 0.117%, driven a CAbreg-lured car from the front of the Churg apartment in the Churg-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front road of the Hyundai Blug-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

2. 피고인은 2014. 4. 11. 21:35경 위 현대블루핸즈 대리점 앞 도로에서, 음주운전을 단속하던 충북괴산경찰서 D지구대 소속 경장 E에게 “씨발놈아, 내가 술 먹고 운전한 게 큰 죄를 진거냐, 사고만 안내면 되지 않느냐, 니들은 그렇게 할 일이 없어서 나를 적발하려고 하느냐”라고 욕설을 하면서 오른 발로 위 E의 왼쪽 허벅지 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Partial statement of the defendant (the purport that the fact of obstruction of performance of official duties is recognized);

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. A report on the actual state of the driver;

1. A copy of the notification of the result of the regulation on drinking drivers [the defense counsel shall not believe that the defendant's entry into a criminal defendant's alcohol level measurement was conducted within 20 minutes from the time of the last drinking, because it was conducted without drinking guidance, and thus, it is not guilty of the violation of the Road Traffic Act (no evidence exists to find the defendant guilty of the crime of drinking driving).

It can be seen that arrest of a flagrant offender attached to the record, report on the occurrence of the case, report on the situation statement of a drinking driver, and report on the result of drinking control is inconsistent with the location of drinking measurement as stated in the copy of the notice, and the time when the defendant was arrested is revised

However, although a copy of the notification of the result of the crackdown on drinking drivers is written on April 11, 2014 at the control place around 21:46, it is stated that drinking is measured at the control place, the report on the state of drinking drivers is considered to be drunk.