A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.

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

Punishment of the crime

1. No person who violates the Road Traffic Act shall be allowed to sit or standing on a road in such a manner as to obstruct the traffic;

Nevertheless, on November 26, 2019, from around 17:30 to 17:55 on the same day, the Defendant committed an act of lying or standing on a road in a manner that interferes with traffic by putting the above road on a narrow-distance, standing alone, lying on the road, etc. in the state of drinking spring.

2. 공무집행방해 피고인은 2019. 11. 26. 18:00경 위 제1항의 장소에서 ‘술에 취한 사람이 도로에 누워있다’는 112신고를 받고 출동한 성남중원경찰서 C파출소 소속 경찰관 경사 D에 의해 인도 쪽을 끌려나가자 위 경찰관에게 욕설을 하며 발길질을 하고 위 경찰관의 팔과 몸통 부분을 발로 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of police officers' duties on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of 112 Reporting Cases to D;

1. Relevant Article of the Criminal Act, subparagraph 4 of Article 157, Article 68 (3) of the Road Traffic Act (the occupation of prohibited acts and the choice of fines), and Article 136 (1) of the Criminal Act (the occupation of obstructing performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of obstruction of performance of official duties is a serious crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.

The Defendant was sentenced to a fine by the first instance court for having committed the crime of obstruction of performance of official duties once during the period of suspension of imprisonment due to damage to public goods, etc.

However, the defendant is lying on a road at a low level on the day before the pronouncement of the above obstruction of performance of official duties.