A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On October 8, 2015, 2015, the Defendant: (a) expressed that “A slope D belonging to the Gangnam Police Station C district unit of the Gangseo Police Station, which was called upon a traffic accident 112 report in front of the Central Resident Center in Gangnam-si, Gangnam-si, 163, sent by the Defendant at around 18:27 on October 8, 2015, instructed the Defendant to explain the process of traffic accident and to present his/her identification card; (b) he/she expressed that “Cpers shall go to his/her place of business, and he/she shall see so that D’s police uniforms, which are the uniforms of D police uniforms, cut off, and interfered with the police officer’s legitimate execution of duties concerning the handling of the reported case.”

around 18:15 on October 8, 2015, the Defendant driven an Erash car under the influence of alcohol content of about 700 meters from the street to the street of the Central Dong Office in 163, which is located in Gangseo-si, Gangseo-si, Gangnam-si, Seoul, to the street of 163 at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although there exists a record of serving the sentencing under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence, considering the fact that the last criminal record was 2006 years, the crime was reflected, and there was no record of serving a sentence or having been sentenced to an obstruction of performance of official duties, the scope of sentencing guidelines for the crime of obstruction of performance of official duties is 6 months and 1 year and 4 months (the crime of obstruction of official duties, obstruction of performance of official duties, type 1, basic area).