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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 25, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) in the Gwangju District Court's net support on February 25, 2015, and on June 24, 2015, the Gwangju District Court issued a summary order of KRW 7 million for a crime of violating road traffic law (drinking driving).
[Criminal facts] On August 5, 2018, the Defendant driven a cromatic vehicle under the influence of alcohol content of about 0.197% at a 100-meter radius from the front of the Dongbdobbbbbs, which is located in the Dong-si Municipal Ordinance, around 23:52, 2018, to the front road of the 1,000-robsium 7, the instant Defendant driven a cromatic vehicle under the influence of alcohol content of the blood.
Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
On August 6, 2018, the Defendant: (a) 00:12 on August 6, 2018, 2018, at E convenience stores located in Do in the south-si, the Defendant: (b) was under the control of drinking from F, a police officer belonging to the net police station, to take the police vehicle for the purpose of measuring drinking from F; and (c) was pushed under F’s hand at the request of F to take the police vehicle for the purpose of measuring drinking from F.
피고인은 계속하여, 음주 측정 및 주 취 운전자 정황 진술서 작성 후 위 F으로부터 진술서에 서명을 할 것을 요구 받자 F에게 욕설을 하고, 경찰관 G, H으로부터 이를 제지 당하자 발로 F의 허벅지 부위를 2회 찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking alcohol driving.
Summary of Evidence
"2018 Highest 1705"
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, and investigation reports (Attachment to summary orders) 2018 Heights 1741;
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes to photographs of victimized police officers;
1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts and Article 136 of the Criminal Act.