Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On December 25, 2016, the Defendant violated the Road Traffic Act: (a) was under the influence of alcohol on the three-lanes in the south-gu Seoul Metropolitan City, Ulsan-gu, the front side of the fourth two-lanes in order to obstruct the passage of vehicles passing through the said road; and (b) was in such a way as to interfere with the traffic of the road.

2. 공무집행 방해 피고인은 제 1 항과 같은 일 시경 같은 장소에서 마침 위 상황을 목격한 울산 남부 경찰서 C 지구대 소속 경사 D이 제 1 항과 같은 피고인의 행위를 보고 이를 제지하자 D에게 욕설을 하며 손바닥으로 D의 뺨을 1회 때리고, 발로 D의 정강이 부위를 2, 3회 찼다.

As such, the Defendant assaulted D, a police official, and obstructed the legitimate execution of duties concerning D's maintenance of traffic order.

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 the scene and crime scene photographs;

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties), Article 157 subparagraph 4 of the Road Traffic Act, Article 68 (3) 2 (the point of violating the prohibition on roads) of the Road Traffic Act, and the selection of fines for the crime;

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. Taking account of the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is a crime committed by the Defendant by drinking alcohol and contingently; (b) the first offender with no criminal history prior to the instant case; and (c) the Defendant appears to have the intention to correct the wrong drinking habits which caused the instant crime and to receive active treatment therefor.