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(영문) 수원지방법원 2018.05.30 2018고단1397

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 22:42, 2018, the Defendant driving a CBl-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. On February 3, 2018, the Defendant interfered with the performance of official duties is leaving the vehicle in front of the Chang Ri reservoir located in the south of the wife population in Gyeonggi-do around 23:00.

The same shall apply to drinking driving.

“ When receiving the 112 report and receiving a request for the measurement of drinking from the head of the police box belonging to the police box belonging to the Young-dong Police Station D, which was called for, “Aplow-dong Police Station D,” collected the drinking meters from the above E as soon as possible. The police box belonging to the same police station, attempted to wear the drinking meters to G during the police box belonging to G, and attempted to take the drinking meters away from the drinking meters, and prevented the above E from cutting it over the upper floor, and then was sprinked and sprinked.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of the crackdown on the driving of drinking, report on the situation of the driver of drinking, data on suspect photographs, and data on the numerical value of drinking measurement;

1. Application of the Acts and subordinate statutes governing video data that obstructs the performance of official duties;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties: Provided, That the lowest sentence shall apply to the punishment determined for a violation of Road Traffic Act (driving of alcohol):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [the scope of the applicable sentences].