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

1. On May 20, 2016, the Defendant driven a CYF rocketing car under the influence of alcohol leveling of about 0.230% from a section of about 400 meters from the GYF parking lot to the access road to the same west line at the time of the Government-si, Speaker-ro around 03:24, May 2016.

2. The Defendant, at the time and at the place specified in paragraph 1, committed assault, such as the Plaintiff’s knee, knee, 5 to 6 times, in the process of being arrested as a current offender of a violation of the Road Traffic Act (driving) due to the refusal of drinking and the lack of personal information, even though he was required to take a drinking-free measurement due to smelling from the driver E belonging to the K-Government Police Station D, under the influence of drinking, and the Defendant was in the process of being arrested as a criminal of violation of the Road Traffic Act (driving).

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the statement protocol made by the prosecution against E;

1. Detailed report on the situation of a driver of a vehicle driving, notification of the results of regulating the driving of alcohol, photographs damaged by the victim, and statements in the alcohol report during blood and the application of video-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes resulting from a violation of heavy official duties, but the lower limit of the punishment determined for a violation of Road Traffic Act shall be the lower limit of the punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. (the scope of applicable sentences under law) shall be sentenced to imprisonment.