Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 피고인 B 피고인은 2018. 9. 11. 00:25경 고양시 일산동구 C 앞 도로에서, 술에 취한 사람들이 주차금지 표지판을 던지고 있다는 112신고를 받고 출동한 경기일산동부경찰서 D지구대 경위 E, 순경 F이 일행인 피고인 A에게 음주감지에 응할 것을 요구하자 화가 나, “우리가 뭘 잘못했냐 미친새끼들, 운전도 하지 않았는데 단속하려고 하느냐 ”라고 욕설을 하며 손으로 위 F과 E의 몸을 밀치고, 위 E가 들고 있는 음주측정기를 뿌리치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

2. Defendant A

A. The Defendant violated the Road Traffic Act (driving a sound driving) at around 00:10 on the same day, while under the influence of alcohol of about 130 meters in the section of approximately 130 meters, from the day before the Goyang-dong-gu Seoul Metropolitan Government to the above road, the Defendant driven G-do car while under the influence of alcohol of about 0.117% in the blood alcohol concentration.

B. At around 00:10 on the same day, the Defendant: (a) was arrested as a flagrant offender committing a crime of obstruction of performance of official duties on the road; (b) the Defendant 2, who was on the same day, assaulted the said F’s hand with her hand; and (c) committed assault, such as her wheels, her hand, and her right hand, with the body of the said E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Investigation report (the H telephone investigation of shots);

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant legal provisions pertaining to criminal facts A: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving) and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 136 (1) of the same Act: Article 136 (1) of the Criminal Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of penalty;