A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On June 19, 2016, the Defendant was under the influence of alcohol on the part of the blood alcohol concentration of approximately 5 km from the front of the “Sluri-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the front road of the “customer station,” which is located in the two kings of Ulsan-gu, Ulsan-gu, Seoul-do. On June 19, 2016, the Defendant driven a B Abeon vehicle while under the influence of alcohol concentration of about 0.178% (in the result of the smoking measurement, 0.13%).

2. Special obstruction of performance of official duties: (a) the Defendant: (b) was driving the said Abeo car on the front of the entrance of the D, located in the Southern-gu, Ulsan-gu; (c) was driving the said Abeo car on the front of the entrance of the D; (d) was driving the said car at a slope F, Assistant G, and H, which obstructed the two lanes of the said road; (d) was driving the vehicle on the one-lane without disregarding the police officer’s stop signal in order to avoid the crackdown on drinking driving; (e) changed the two-lane to the two-lane; and (e) was driving the vehicle at the center of the said Abeo car, which is a dangerous object, while driving the vehicle at the same one-lane.

The Defendant, while carrying a dangerous object, obstructed the police officer’s legitimate execution of duties concerning the drinking control of the police officer by assaulting and threatening the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and inquiry into the request for an appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (to analyze black boxes and video images) and a report on investigation (to hear statements by police officers);

1. Relevant Articles 148-2(2)2 and 44(1) of the Criminal Act for the crime, Articles 144(1) and 136(1) of the Criminal Act for the obstruction of performance of official duties carrying dangerous articles, and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

A. The sentencing guidelines (1) Category 1 (Scope of Recommendation) of the Act on the Performance of Official Duties (Obstruction of Performance of Official Duties) is a dangerous object (one to four years).