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(영문) 대구지방법원 서부지원 2018.07.24 2017고단3196

공무집행방해등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. On September 11, 2017, the Defendant violated the Road Traffic Act (drinking) and the Guarantee of Compensation for Motor Vehicle Damages (drinking) driving a FSM5 vehicle, which was not covered by mandatory insurance at approximately 600 meters section from the front of the D cafeteria operated by the Defendant in Daegu-gu, Daegu-gu, to the front of the building in the Daegu-gu, Seogu, and the front of the building.

2. The Defendant interfered with the performance of official duties when driving a car on the road front of the building above E at the time of the foregoing day, and was diving with the driver’s seat of the car in the state of driving (D).

In the month of dispatch after receiving a report on 112 that "n't fn't fn't fn't fn't fn't fn't fn't fn't fn't fl', H

The Defendant, in response to the refusal to take a drunk image on a mobile phone by a slope I, which was next to the Defendant, was unable to properly measure the drinking alcohol, took a dynamic image on the mobile phone, and took a bath that “I’s impule, impule, Mara,” and took the above I’s right hand on one occasion, and obstructed the police officer’s legitimate execution of duties concerning the crackdown on the driving of drinking alcohol.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made to I by the police;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An inquiry into the enemy and mandatory insurance;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, 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 imprisonment with prison labor chosen;

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 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order.