beta
(영문) 대구지방법원 김천지원 2014.08.27 2014고단723

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On July 11, 2014, the Defendant: (a) while driving a B low-speed motor vehicle in front of the training site for the reserve forces located in the Gu-si, Si-si on the road in front of the training site for the reserve forces; (b) discovered police officers under drinking control; (c) stopped the said motor vehicle at a place less than 100 meters away from the control place; and (d) turned the vehicle at the time and stop the vehicle at the place where the control place.

The Defendant, who was required by D to take a alcohol test from a policeman belonging to the police station Cdistrict of the old US police station where the above head of the above gate was observed by D, and D, who read D’s bath to “I am fright, which is fright of a bit of a bit of a bit of a bit of a bit of a bit of a fbit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of the bit of the police station where the Defendant

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol by 0.113% in the section of about 2km from the roads near the vice apartment located in the Yandong-dong, Sinsi-dong, Sinsi-gun, Seogdong-dong, to the roads in front of the training site for the Gu and Sinsi-dong reserve forces.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In addition to the reasons for sentencing in Article 62-2 of the Criminal Act, the degree of obstruction of official business, and the defendant has a record of being punished once due to drinking driving and has been punished twice due to violent crimes, it is more favorable that the defendant has no criminal record of suspension of execution or more, and that he has against it.