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

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

1. On April 20, 2017, the Defendant was under the influence of alcohol level of 0.179% among blood transfusions on April 21, 2017, the Defendant driven B-low-water vehicle at a 1km section prior to the arrival of the North port line in front of the port of South and North Korea, where he is under the influence of alcohol level of 0.179% on the roads in front of the port of South and North Korea.

2. 공무집행 방해 피고인은 같은 날 21:45 경 위 북 항에 정박되어 있는 멸치 잡이 어선 C 내부에서 주취자가 쓰러져 있다는 112 신고를 받고 출동한 남해 경찰서 D 파출소 소속 경사 E이 만취상태로 쓰러져 있는 피고인의 동료 선원에 대해 필요한 조치를 취하고 C에 있던 다른 선원들에게 인계하였음에도, 주취자를 제대로 보호하지 아니하였다는 이유로 “ 개 X 끼들 너 그들이 경찰 관이가 호로 자슥아! "라고 욕설하며 주먹으로 위 E의 머리 부위를 1회 때려 폭행하였다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on the circumstances of driving under drinking, a report on the results of crackdown on driving under drinking, and a report on the circumstances of the driver under driving under drinking;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of the body damaged by violence);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the extent of the sum of the long-term punishments for each crime: Provided, That the lowest sentence of imprisonment shall be determined by such crimes as prescribed for the crimes of violation of Road Traffic Act) of the aggravated punishment for concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria;

A. The basic area of interference with the performance of official duties (the scope of recommended punishment) (the interference with the performance of official duties and coercion of duties) is the category 1 (the interference with the performance of official duties).