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 October 3, 2017, the Defendant was driving a B windowp car with a alcohol content of about 6km from around 02:30 square meters to around 02:40 on the same day from the front of the land white restaurant located in 43-15, Seocheon-gu, U.S., U.S., Sinyang-ro, U.S. to the front road of the U.S. fire station located in 1325 at the center of the same city at around 02:40 on the same day.

2. 공무집행 방해 피고인은 2017. 10. 3. 02:40 경 고양 시 일산 동구 중앙로 1325에 있는 일산 소방서 앞 사거리에서 경기 일산 동부 경찰서 C 지구대 소속 경위 D, 같은 지구대 소속 순경 E에게 음주 운전으로 단속되어 절차를 고지 받는 과정에서 위 E에게 “야 이 씨 발 놈 아. 야 이 새끼야. ”라고 욕설을 하고, 발로 왜 욕을 하냐고 묻는 위 D의 왼쪽 정강이 부위를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties of police officers on the control of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense; Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties; the choice of imprisonment, etc.);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for the crimes related to drinking and violence, the amount of alcohol concentration in the blood of this case is high, and the fact that the nature of the crime of obstructing the performance of official duties is very poor, etc. are disadvantageous to the defendant.

On the other hand, the defendant recognizes all of the crimes of this case and reflects his mistake, and is driving drinking.