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(영문) 수원지방법원 안산지원 2013.05.21 2012고단2687

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

A. On September 21, 2012, at around 00:00, the Defendant was not required to make a drinking reduction in the vehicle due to a drinking reduction rate as required by the sloping D belonging to the Incheon Regional Police Agency, which was under the influence of drinking, while driving a B-H vehicle under the name of the Defendant, on the road front of the outer cycle cycle cycle expressway (Japan), which was located in Sinung-dong, at the time of Sinung-si.

Accordingly, the defendant of the defect that the above D attempted to put the body into the window of the driver's seat and turn off the operation of the vehicle, following a speed-on page, proceeded with the above D at a volume of 5 meters by hanging the above D.

Accordingly, the defendant, carrying dangerous objects and assaulted, thereby hindering police officers' legitimate drinking control operations.

B. Around 00:00 on September 21, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving approximately 121 km from the Sin-dong to the Incheon Sin-si from the Sin-si at Seosan to the Sin-si of Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Visual photography photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 144(1) and Article 136(1) of the Criminal Act concerning criminal facts, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2001Do1

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;