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(영문) 대구지방법원 김천지원 2014.07.16 2014고단374

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 23, 2014, the Defendant driven a car in Ccoon in the state of under the influence of alcohol with approximately 0.078% alcohol level from the 200-meter section to the Samsung Digital Flaon road located in the same Dong from the cafeteria, which is the month of the processed matter, on March 9, 2014.

2. 공무집행방해 피고인은 제1항의 일시, 장소에서 구미경찰서 D파출소 소속 경사 E로부터 음주운전 혐의로 단속되자, 앙심을 품고 E가 탑승한 112순찰차 앞에 바싹 붙어 서고, 위 순찰차의 보닛 위에 걸터앉는 등 순찰차가 이동하지 못하도록 가로막고, 발로 순찰차의 앞 범퍼부분을 3회 걷어찼다.

When the Defendant listened to the warning broadcast of water in the patrol car, he threatened the x in two arms, and threatened the Defendant with the x in two arms, such as “satise, satisfy fat,” “E fat,” and with the name “E” in front of the above E, and then by taking the name “E” in front of the above E, and then doing any act in violation of his own title.

Accordingly, the defendant interfered with legitimate execution of duties concerning traffic control by police officers and prevention of danger and injury and suppression of crime.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act, the degree of obstruction of performance of official duties, together with the degree of obstruction of official duties, shall be considered as contingent crimes, circumstances favorable to the previous facts, and the scope of recommended sentences according to the sentencing guidelines.