The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

Since the defendant was not informed of the summary of the suspected crime, the reason for arrest, and the right to appoint a counsel from the police officers at the time of arrest of the flagrant offender due to the crime of obstruction of performance of official duties, etc., the arrest of the flagrant offender is illegal and the evidence collected in the process of investigation is all illegal collection evidence.

The Defendant was in a state where he was unable to be found at the time, and was in a state where 20 minutes have not passed since he was under the influence of drinking, and thus, he cannot be punished on the basis of blood alcohol concentration as stated in the instant facts charged.

While the Defendant stopped a vehicle from a drinking control in front of a restaurant and took a drinking test, the Defendant was able to walk to the restaurant with a free mind while waiting for a drinking test, and the police officer went beyond the H and the Defendant, and did not inflict an injury by assaulting H and G in order to avoid going beyond the process.

The sentence of unfair sentencing (10 months of imprisonment) by the court below is too unreasonable.

The court below's sentence (e.g., e., e., g., e., e.

Judgment

Defendant

The following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below that the arrest of the flagrant offender was illegal, namely, ① Police Officers H and G, who performed drinking control duties, attempted to restrain the Defendant who was in the atmosphere to measure drinking by drinking-free, and attempted to commit an act of obstructing the performance of official duties for police officers H and G drinking control. There is no doubt as to the legality of the police officer H and G drinking control. ② Police Officers H and G, who arrested the Defendant in the act of obstructing the performance of official duties due to the crime of obstructing the performance of official duties, are arrested the Defendant.