A defendant shall be punished by imprisonment for two years.

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.

Punishment of the crime

【The Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 6, 2013. On October 21, 2014, the Defendant was sentenced to a summary order of a fine of six million won for a crime of violating the Road Traffic Act in the same court. On March 12, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years for a crime of violating the Road Traffic Act in the same court.

[Criminal Facts]

1. Around 04:20 on August 3, 2020, the Defendant driven BMW car under the influence of alcohol level of about 0.193% in the section of approximately 4 kilometers from the official distance of Yannam-dong, Seo-gu, Incheon, Seo-gu to the family history distance of 643 location, according to the same Gu’s enclosed water.

2. On August 3, 2020, the Defendant: (a) around 04:40 on August 3, 2020, at around 643, as Seo-gu Incheon Seo-gu, brought a traffic accident on the delivery of a 643 home-distance traffic island; (b) when the Defendant, a policeman affiliated with the Seo-gu Police Station C District of Incheon Seo-gu Police Station, who was called out after receiving a report, tried to measure drinking to the Defendant and prepare relevant documents, the Defendant: (c) expressed his desire to “welve, swelve, and swelve” that the police officer “at the expense of the police officer at one time and the breast part of the breast part by hand.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of traffic accidents in each police statement protocol against D and E, and a survey report on the actual situation;

1. Report on the circumstances of the driver involved in driving, and photographs damaged by the results of crackdown on driving alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same type of judgment and attachment of summary order);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment (the point of obstructing the performance of official duties).