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(영문) 인천지방법원 2015.09.24 2015고단4870

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2015, the Defendant: (a) around 23:50, on the roads of Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon Gyeyang-gu, 88, the Defendant was required to take a alcohol test from C, slopeD, and Gyeong-gu, the Incheon Gyeyang Police Station’s position of the traffic safety department of the Incheon Gyeyang-gu, Incheon, where the Defendant was under the influence of alcohol; and (b) measured the blood alcohol concentration of 0.157% from E; and (c) the above circumstances C were “three but no d., but no d., and d., e., e., e., e., e., e., e.,

Around 00:45 the following day, the Defendant continued to find at the Incheon Gyeyang Police Station's Office of Traffic Safety at 68, the same time as the former calculated 00:45, and it refers to 'whether the Defendant is aware of why the Defendant was able to take a measurement again', and 's face' was assaulted by the head of the above C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There are no types 1 (Obstruction of Performance of Official Duties/Performance of Duties) and no basic area (6-1-4 months) of the obstruction of the performance of official duties (decision of sentence] (decision of sentence], the fact that there is no agreement with the police officer who suffered damage, the fact that there is no same record as the police officer, the fact that there is a criminal record of a fine three times (each violence), the fact that there is no record of the same record, the fact that the crime is recognized, the fact that the defendant's age, character and character, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. shall be determined as per the order.