A defendant shall be punished by imprisonment for one year.

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

On March 26, 2018, the Defendant was notified of a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Incheon District Court on March 26, 2018. On April 18, 2019, the Defendant was a person with the records of driving under the influence of alcohol at least twice, such as a summary indictment to the Incheon District Court for the same crime.

【Criminal Facts】

On April 14, 2019, at around 07:10, the Defendant driven an ER car without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.115% in the area of about 15km in front of Incheon Gyeyang-gu, Incheon, Nam-gu, Incheon.

On June 13, 2019, the Defendant: (a) reported on June 13, 2019 at the package 112:02:25, 2019, which was sent to the Incheon Michuhol-gu, Incheon, the police box affiliated with H and the police box of the Incheon, which was asked questions of the circumstances of the instant case from H and I of the police box; and (b) assaulted the Ha and the police box I of H and Ha by using a sound, and booming the boom.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

[19 Highest 2762]

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses and results of the control of drinking driving;

1. Previous convictions in judgment: Criminal records and investigation reports (componating records of the same kind);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to H and I;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The suspension of execution does not contain any punishment exceeding a fine due to reflective nature of Article 62(1) of the Criminal Act and drunk driving; and