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 this judgment became final and conclusive.

Punishment of the crime

On December 24, 2018, at around 00:10, the Defendant was under the influence of alcohol in front of the C cafeteria located in Daegu-gu, Daegu-gu, and received a report and received a disposition of notification from the slope E belonging to the D District District Unit of the Taegu Police Station D District, which was called the Defendant, and took a bath to take a disposition of notification in an ad hoc manner, and as seen above E, the Defendant was unable to drive the patrol vehicle by placing alcohol on several occasions, blocking the front of the patrol vehicle, putting the door on the side of the driver’s seat, and preventing the Defendant from operating the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties concerning crime prevention and suppression of the above E, who wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. One copy, respectively, of work place, 112 reported case handling table and penalty payment notice; and

1. Application of the Acts and subordinate statutes of Chapter 8 to C CCTV photographs, Chapter 18 to the patrol booms images and 8 to the closure photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts that the Defendant was in a state of mental disorder by drinking at the time of committing the instant crime. However, according to the aforementioned evidence, the Defendant cannot be deemed to have had the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, and such assertion is rejected.

The circumstances unfavorable to the reasons for sentencing: An act of obstructing the legitimate execution of duties by the police in the course of performing official duties is not easy, there are many favorable circumstances such as the fact that the act is committed several times of punishment for violent crimes, and there is no record of committing obstruction of performance of duties, and other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the punishment as shown in the arguments of this case, including the fact that there is no record of punishment or a record of punishment exceeding the fine.