A defendant shall be punished by imprisonment for one year.

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

B On December 18, 2018, 23:10 on December 23:10, 2018, a person driving a D Launa car in the Gyeonggi-si, the person who refused to comply with the order of suspension of a vehicle issued by a police officer dispatched after receiving a report of suspected drinking driving at the above place, and was committed as a crime of violation of the Road Traffic Act (e.g., refusal of drinking driving) at the front of E on the same day at around 23:30 on the same day, and the Defendant is the passenger of the said vehicle

The police officer G, who was called up under the order that the above rocketing car runs away, demanded a drinking test using a drinking gauge at the same time and at the same place as that of the F District Unit of the Macheon Police Station, and the above B, and the Defendant, on his own, carried out a drinking test using the drinking gauge. The Defendant, “I do not want to do so. I do not want to do so. I would like to go back on the Internet. I pushed the above patrolman on his body with a drinking measuring instrument used by the above patrolman on his hand.”

이에 위 순경 G과 함께 출동한 같은 지구대 소속 경위 H(남, 51세)이 피고인을 제지하자, 피고인은 경위 H의 정강이를 발로 2회 걷어차고 손톱으로 손등을 할퀴었으며, 함께 출동한 포천경찰서 I파출소 소속 경위 J(남, 58세)의 멱살을 손으로 잡아 흔들고 발로 정강이를 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of official duties by assaulting the police officer H and the police officer in charge of arresting drinking drivers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to J police officers;

1. A criminal report (Attachment of moving images), a video CD;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 8);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations according to the sentencing guidelines of the Supreme Court] is the obstruction of performance of official duties.