A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On June 9, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant on June 29, 2020: (a) around B apartment parking lots, the Defendant was required to comply with a drinking test by a police officer without justifiable grounds, despite the fact that there was a reasonable ground to recognize that the Defendant was driven under the influence of alcohol, such as a brea Police Station C police box belonging to the Ganju Police Station, which called out after receiving a report of 112 that there was a suspected vehicle for drinking, in the vicinity of B apartment apartment parking lots; and (b) on June 29, 2020, the Defendant did not comply with a police officer’

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. On June 29, 2020, at around 23:30 on June 29, 2020, the Defendant assaulted the places indicated in paragraph (1), as described in paragraph (1), and as described in paragraph (1), when the security guards of the Naju Police Station, who received 112 reports and received a request for a measurement of alcohol consumption from D, “this rings,” and “this rings,” as his hand, and boomed the said D’s item.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the measurement of 112 by police officers.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of summary order Acts and subordinate statutes of the Gwangju District Court 2017 High Court No. 5662;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;