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

[2016 Highest 1553] On February 5, 2007, the Defendant received a summary order of 2 million won or more as a crime of violating road traffic laws at the Ulsan District Court, and on September 12, 2008, a fine of 2.5 million won or more as a crime of violating road traffic laws.

On May 19, 2016, the Defendant driven C Hasta car under the influence of alcohol concentration of about 0.154% from the public parking lot in the Nam-gu, Ulsan-gu, Chungcheongnam-gu, Plundong to the front road of the above Nam-gu B elementary school at approximately 100 meters from May 19, 2016.

As a result, although the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking), he again driven a motor vehicle while under the influence of alcohol as above.

【2016 order 1794】

1. On May 19, 2016, the Defendant was under the influence of alcohol content 0.154% during blood transfusion, and was under the influence of alcohol level 0.154%, and was under the influence of alcohol level 0.154% in front of the 2nd elementary school located in Ulsan-gu, Ulsan National Police Station D and police officers affiliated with the Ulsan National Police Station D, etc. under the influence of alcohol control, the Defendant committed an obscene act by openly putting the said police officers off all of clothes on the road, and was under the influence of alcohol level 0:30.

2. The Defendant interfered with the performance of official duties at the same date, time, and place as above 1. Paragraph 1., and obstructed the police officer’s legitimate performance of duties by avoiding all clothes from the above police officer E, putting him/her on the road, and putting him/her on the road, and putting him/her on his/her work clothes of the above police officer E, etc. for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of statutes on site photographs;

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking), Article 245 of the Criminal Act (the point of public performance obscenity), Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties) for criminal facts, respectively.