A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 9, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud aiding and abetting at the District Court for the Defendant’s District Court, and was released on May 2, 2017 during the execution of the sentence, and the parole period expired on July 14, 2017.

【Criminal Facts】

At around 1:10 on July 25, 2019, the Defendant: (a) while driving a NAS D car on the front side of the C-si in Yangsan City, the Defendant discovered that the Victim F (34 years of age) was in the Yangsan Police Station E-gu in the Yangsan Police Station where the influence of drinking driving was on duty and demanded a stop order, and passed the said car under the speed limit to the point of control in order to escape the crackdown on drinking driving; and (b) led to the left side part of the said car, the Defendant shicked the F’s left part.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the crackdown on drinking driving.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Defendant vehicle blackboxes and video CDs

1. A report on internal investigation (to be accompanied by a copy of documents, etc. related to the case of driving a motor vehicle driving, to be accompanied by G CCTV images), and an investigation report;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Judgment on the assertion by the defendant and his defense counsel under Article 35 of the Criminal Act among repeated crimes

1. Summary of the assertion

A. In think of the intention to avoid the crackdown on drunk driving, the driving direction of the vehicle is converted to the direction of the vehicle and it is merely an escape and there was no intention to do assault against the victim who is a public official, and it does not constitute assault.

In addition, in the course of escape, it was not possible to expect that the victim will shock the hands in the future.

B. The injury inflicted by the victim is merely a part of daily life and does not constitute an injury inflicted upon the victim of special obstruction of performance of official duties.

2. Determination: