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(영문) 서울남부지방법원 2016.02.11 2015고단5388

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2015, the Defendant was informed of the receipt of an accident and the measurement of drinking in the Olympic Games located in the Gyeyangdong, Yeongdeungpo-gu Seoul Metropolitan Government on November 21, 2015, by accompanying the vehicle suspected of driving alcohol to the police station and the victim C (the victim C (the victim of age 29) belonging to the Seoul Young-gu Police Station who called out after receiving a report that there was a vehicle suspected of driving alcohol.

The Defendant prepared a written consent for voluntary accompanying of the victim, and obstructed the police officer’s legitimate execution of duties regarding the handling of the report case by assaulting the victim, such as asking the victim whether he/she is for the receipt of the traffic accident case and the measurement of drinking alcohol, sprinking his/her breath, spacking his/her breath, and drinking twice.

2. Around the same time as paragraph (1) of this Article, the Defendant driven a DNA knife vehicle under the influence of alcohol leveling 0.213% from the section of approximately 10km from the non-place of address below Seocho-gu Seoul Seocho-gu to the place like paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. C Police Statements;

1. A report on the detection of a driver of the primary driving, a report on the circumstances of the driver of the primary driving, and a record of drinking measurement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the performance of official duties in the choice of punishment: Article 136 (1) of the Criminal Act (the choice of imprisonment) driving under the influence of alcohol: Articles 148-2 (2) 1 and 44 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be increased by the penalty determined for the obstruction of the execution of heavier public duties, but the lower limit shall be the same as that for the violation of the Road Traffic Act);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of the crime is heavier in that the crime of obstructing the execution of official duties is committed with respect to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the defendant.