Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On January 23, 2018, at around 04:38, the Defendant: (a) reported that a drinking vehicle was driven at a D restaurant parking lot located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; and (b) demanded the Defendant to conduct a drinking test against the Defendant’s first driver; (c) the Defendant obstructed the police officer’s legitimate duty of regulating driving of alcohol for about 20 minutes by blocking the police officer’s body in front of the foregoing police officer in order to prevent a drinking test; and (d) cutting down the floor by hand the alcohol measuring instrument in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection and CCTV investigation);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, each of the crimes of this case committed by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant interferes with the duty of regulating the driving of lawful drinking by police officers demanding the defendant to take a drinking test against the defendant I, and in light of the circumstances and methods, etc., the criminal quality of the defendant is not good, and the obstruction of the performance of official duties requires strict punishment for the crime detrimental to the State's function by nullifying legitimate exercise of public authority. Meanwhile, the defendant recognized the crime of this case and reflects his mistake, the first offender is the defendant's age, sex, sex, environment, motive, process, means and method of each of the crimes of this case, and circumstances after the crime, etc., the sentence identical to the order shall be determined by taking full account of the following factors