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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 21:10 on June 28, 2019, the Defendant, while under the influence of alcohol on the street of 108 Wonju, obstructed the victim’s taxi business by force by allowing the victim to get a guest who was on board a disturbance between about 20 minutes of the disturbance to get him/her to get him/her off, and by allowing the victim to get him/her to get him/her to drive a taxi normally.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment to the video materials for the submission of victims);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The accused has many records of punishment for committing a crime such as interference with duties and violation of the Punishment of Minor Offenses Act while under the influence of alcohol.

On September 26, 2016, the defendant was sentenced to imprisonment with prison labor for 6 months for the crime of obstruction of performance of official duties, and probation orders for 3 years of suspended execution, and he committed the crime of this case without being able to do so.

The favorable circumstances: The defendant reflects the crime of this case.

The defendant usually agreed with the victim, and the victim does not want the punishment of the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.