A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2018 Highest 866] On March 24, 2018, the Defendant driven a EN Si-city car from a distance equivalent to approximately KRW 1 km from the road in front of the frequency in which the trade name in the window of Changwon-si cannot be known while under the influence of alcohol content 0.231% during blood transfusion at around 20:40 on March 24, 2018 to the roads front of the same Gu.

[2018 Highest 1387] On March 24, 2018, the Defendant was driving a drinking on the road front of the window D in Changwon-si, Changwon-si, and caused a traffic accident. On March 24, 2018, the Defendant was dispatched to the site by G police officers and police officers belonging to the F District of the police station in the Changwon-gu, Changwon-won.

At around 21:00 on the same day, the Defendant expressed a desire to G while on the back of the patrol vehicle to move to the police station I of the Changwon, in response to the demand of the above G voluntarily accompanied, and the Defendant was assaulted by the following: (a) the Defendant, who was on the back of the patrol vehicle in order to prevent the Defendant from departing from the patrol vehicle, was on the left arms of G; and (b) the face of H was taken one time at the back head of the patrol vehicle belonging to the above patrol vehicle where the Defendant met the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

[2018 Highest 866]

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

1. On-site and photograph of an accident vehicle (2018 highest 1387);

1. Statement by the defendant in court;

1. Application of the statutes on police statements made to G and H

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)