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(영문) 수원지방법원 2015.01.14 2014고단5252

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 27, 2014, at around 00:36, the Defendant driven a C vehicle under the influence of alcohol content of about 0.182% from the section of about 5km from the influent place in the direction of the city of Suwon-si to the front of the city of Suwon-si. The Defendant was divingd on September 27, 2014 while driving a vehicle under the influence of alcohol content of about 0.182% from the section of about 5km.

피고인은 위 일시경 ‘도로중간에 운전자가 자고 있다’는 112신고를 받고 출동한 수원남부경찰서 교통안전계 소속 피해자 경장 D(남, 35세)가 잠을 깨우자 피해자에게 “야 씨발놈들아”라고 욕설을 하며 주먹을 휘두르고, 피고인을 도로교통법위반(음주운전)죄의 현행범으로 체포하려는 위 경찰서 소속 경장 E이 허리에 차고 있던 삼단봉을 빼앗으려고 하고, 이를 제지하는 피해자의 왼쪽 팔 부위를 발로 걷어차고, 왼쪽 무릎 부위를 강하게 2회 걷어찼다.

As a result, the Defendant interfered with legitimate performance of official duties concerning the maintenance of public order and criminal investigation of the above victims, and at the same time, the Defendant was knee-deing knee-deing and left knee-deing knee-deing.

around 00:34 on September 27, 2014, the Defendant driven CPoter-II cargo vehicles under the influence of alcohol content of about 0.182% in the section of about 5km from the 00:0 to the 3rd of the airfield distance located in the Sejong-si, Suwon-si.

Summary of Evidence

1. Statement of each of the accused in court;

1. Statement of D police statement;

1. Duplicative photo;

1. Application of Acts and subordinate statutes to report the state of driving under the influence of alcohol and to notify the results of drinking control;

1. Article 136 (1), Article 257 (1) of the Criminal Act, Article 148-2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes of obstruction of the performance of official duties and of injury under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act among concurrent crimes.