A defendant shall be punished by imprisonment for not less than eight months.

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

1. On July 14, 2017, the Defendant driven an EM5 vehicle under the influence of alcohol leveling 0.170% in a section of approximately 100 meters from the vicinity of Kimhae-si to the front road of the same Kimhae-si Office.

2. On July 14, 2017, the Defendant obstructed the performance of official duties, as seen above, discovered that the police officers were in front of the Green apartment in the Dong-dong, Kimhae-si, while driving alcohol, and came to a three-distance distance, and set up the above SM5 vehicle in the vicinity of Kimhae-dong, Kimhae-dong, while escapeing in order to avoid the crackdown on drinking, and then left the scene as soon as possible after setting up the above SM5 vehicle in the vicinity of the Kimhae-dong Office in Kimhae-dong, Kimhae-dong.

Gman belonging to the F police station in the Kimhae-gu, who arrived at this place, was 02:40 on the same day, who was driving by the defendant around 02:40 on the same day, and was 105 Dorado 105, which was 71 Don-ro 176 Don-ro, Kimhae-si, Kimhae-si, and requested the defendant to cooperate in the measurement of drinking alcohol as he is suspected to drive.

The Defendant, while making a request for the measurement of alcohol of Gman, assaulted the chest of Gman in such a way as to avoid drinking alcohol measurement on a boomed hand, with a view to avoiding drinking alcohol measurement.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement (part) G of the police statement protocol G of the State driver's statement

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) / Imprisonment with prison labor;

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

3. Article 62(1) of the Criminal Act (except for the cases of violence exercised to police officers and suspended execution due to violation of the mariana Control Act in 1995).