A defendant shall be punished by imprisonment for not more than ten 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 12, 2016, the Defendant was under the influence of alcohol 07:10% on blood alcohol level on July 12, 2016, the Defendant was driving a vehicle of approximately 11 kilometers in the section of approximately 11 kilometers from the front of a cafeteria in the vicinity of the driver’s license test site in the Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government to the roads near Gyeyang-gu, Seoyang-gu.

2. At around 07:20 on July 12, 2016, the Defendant: (a) stopped and diving the said car on the one-lane road near Seoyang-gu, Seoyang-gu; (b) was demanded by D, a police officer, etc. who belongs to the Goyang Police Station, called upon 112, to take a drinking test; and (c) moved to the road edge; (d) was able to sit the Defendant inside the patrol vehicle; and (e) was able to sit the said police officer’s face at one time, the Defendant interfered with the legitimate performance of duties by the police officer regarding crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing of Article 62-2 of the Criminal Act: The obstruction of performance of official duties per se cannot be deemed to be weak, and the specific contents of the crime of the obstruction of performance of official duties in this case are very poor.

The accused has criminal records related to several times of violence, and the victim police officer is punished for the accused.

The defendant's blood alcohol concentration reaches 0.168% and the distance of driving is also reasonable.

The favorable circumstances: the defendant is against himself and is punished by a fine.