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(영문) 대전지방법원 천안지원 2017.06.28 2015고단2170

공무집행방해등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant: (a) around 14:20 on 14:20 November 20, 2015, the Defendant: (b) informed the Defendant, who was a driver of the instant accident, of the reason for the use of drinking alcohol reduction to the Defendant, a driver of the instant accident; and (c) attempted to reduce drinking by drinking, the Defendant “a sprinke for smoking, a driver of the instant accident, who drives at the same time; and

In doing a bath with the words "I am bad," etc., he interfered with the legitimate execution of duties of police officials with respect to traffic accident handling by sprinking E by hand.

On November 11, 2015, the Defendant run a motor vehicle under the influence of alcohol content of 0.201% in blood around 14:00 on November 11, 2015, and without obtaining a driver’s license, the Defendant run a motor vehicle under the influence of alcohol of 0.201% in Asan City, which is owned by the Defendant, who was not covered by mandatory insurance in the section of approximately 200 meters from the street in front of the “Water Network Hembol” to the front road of the new apartment in the same Dong.

Summary of Evidence

"2015 Highest 2170"

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of E, G and H;

1. On-site photographs "2015 Colonel 2258";

1. A protocol concerning the examination of the police officers of the accused;

1. Report on occurrence of a traffic accident, drug map, statement report on the situation of the driver in charge, inquiry report on mandatory insurance, and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of public duties), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;