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(영문) 대전지방법원 천안지원 2018.07.20 2018고단601

공무집행방해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

on March 16, 2018, the Defendant: (a) handled 112 reports related to drinking accidents at the D District Office of the D District Office of the Yanananbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul on March 16, 2018; and (b) handled 112 reports related to drinking accidents in the D District Office of the D District Office of the D District Office of the Y in the Yancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant 2

The bath theory, "I ambling", "I amben", "I ambling the spath with a spath hand once, and "I ambre" with a left hand.

As a result, the Defendant inflicted bodily injury on the victim E, such as salt and tension, damage to the salvity of trees and other parts of trees, gambling, inspection, etc., which require approximately two weeks of medical treatment, and at the same time interfered with the police officers’ legitimate execution of their duties concerning the handling of reported cases.

On March 16, 2018, the Defendant driven a Huer IG car with approximately two meters alcohol content of about 0.199% in blood while under the influence of alcohol in front of G located in Seo-gu, Seo-gu, Seo-gu, Incheon on March 16, 2018.

Summary of Evidence

"2018 Highest 601"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a report on the results of drinking control;

1. A written diagnosis of injury;

1. A photo of the damaged part;

1. CCTV photographs " 2018 Godan 1365";

1. Statement by the defendant in court;

1. I's self-statement;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has a very high alcohol concentration in blood.