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(영문) 대전지방법원 천안지원 2018.05.25 2017고단2852

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

"2017 Highest 2852"

1. Around October 16:07, 201, the Defendant insultingd the victim F, a police official at the police station, by listening to the statement that the police officer sent a traffic accident under the influence of alcohol by the Defendant from on-site witness on the part of the on-site witness on October 16:07, when the Defendant received a report on traffic accident-related 112 on October 10, 201, and demanded the Defendant to take a drinking test. In light of other customers in a restaurant, the Defendant publicly insulting the victim F, who was the police officer at the police station, by openly blicking the victim, such as gringing, opening, etc.

2. The Defendant interfered with the performance of official duties at the above time, place, and was asked by G from a police officer G who was dispatched to the scene for the foregoing reasons, and was dissatisfied with the results of the drinking test conducted earlier, and the above police officer stated that “I see that I would like to do so,” and assaulted the above police officer twice by hand on the part of the police officer’s rank, such as the above police officer, at hand, twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases and the handling of traffic accidents.

On October 10, 2017, the Defendant driven a Hoper 220 square vehicle in the state of under the influence of alcohol content of about 100 square meters from 15:30 on the 15:30 on the 10th day of October, 2017 to D E in the same city.

Summary of Evidence

"2017 Highest 2852"

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. "President 2018 Highest 220";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial records of drivers who take drinking and the results of drinking control;

1. Relevant Article 311 of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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 (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances):