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

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

Punishment of the crime

1. Around 06:20 on January 25, 2015, the Defendant driven a DNA car at a section of approximately 100 meters from the front of the water station, located in the Sinsan Sinsi-dong, in the condition of being drunk with a blood alcohol concentration of 0.215%.

2. On January 25, 2015, the Defendant was required to take a breath test from police officers F, etc., who belong to the Sungdong Police Station E box called up after receiving 112 report that “I am fright without paying the acting driving expenses,” and “I amfrighting without paying the acting driving expenses.”

그러자 피고인은 음주 측정을 거부하다가, 갑자기 발로 크라이슬러 승용차의 범퍼 등을 걷어차고, 계속하여 양 주먹을 쥐고 이를 들어 올려 크라이슬러 승용차의 보닛을 내리친 후 옆에 있는 F에게 욕설을 하면서 양 주먹을 쥔 상태로 이를 위로 들어 올려 F의 머리 부분을 1회 내리치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling 112 reports and drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. The relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 148-2 (2) 1 of the Road Traffic Act include the indictment “Article 148-2 (1) 1 of the Road Traffic Act,” but appears to be an error;

Article 44(1)(A) and Selection of Imprisonment

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Type 1 of the obstruction of performance of official duties (the scope of recommendations) according to the sentencing guidelines.