A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 15, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Northern District Court on December 23, 2013, respectively.

1. Although the Defendant violated the Road Traffic Act (drinking) had been able to violate the provision on prohibition of drinking driving twice as above, the Defendant driven Cpoter II cargo at around 01:48 on January 27, 2017, with approximately 300 meters in the section of approximately 0.20% of alcohol concentration in blood, from the front side of a drinking tree in Gangnam-gu Seoul Metropolitan Government, to the road in front of 1074, Dong-ro 1074.

2. Around January 27, 2017, the Defendant interfered with the performance of official duties: (i) at the entrance of the Gangnam-gu Seoul Metropolitan Government (E hospital) around 02:05, after completing the Defendant’s blood collection in order to measure the alcohol concentration in blood at the request of the Defendant, the Defendant’s blood collection was completed; (ii) the border G belonging to the Seoul Gangnam-gu Police Station FJK recommended the Defendant to return home to the Defendant; (iii) the Defendant’s Ha, Mara, ring, ring, ring, ring, the Defendant’s string of the above G’s left eye, with his drinking, interfered with the police officer’s legitimate performance of duties pertaining to the maintenance of order.

Summary of Evidence

The point of drinking driving

1. Statement by the defendant in court;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. The point of hindering the performance of public services requested for appraisal;

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Making records and reporting of records;

1. A previous conviction in judgment on investigation report (CCTV perusal): A reply to inquiry and application of each summary order Acts and subordinate statutes; and

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Determination of the assertion of Defendant and defense counsel under Article 62-2 of the Criminal Code of the Social Service Order, and the Defendant and defense counsel are the police officer’s own arms, thereby spreading them.