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(영문) 인천지방법원 2018.11.28 2018고단7523

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 September 16, 2018, the Defendant: (a) notified the Defendant of the fact that C is under influence of alcohol at around the day of the traffic auxiliary police station, which was located in the police station located in the vicinity B of the Manyang-gu, Ansan-si; (b) demanded that C put the wind into the window for drinking so as to reduce drinking; and (c) took the view that the Defendant was able to respond to the drinking measurement by drinking with a bad hand; (d) said, the Defendant immediately launched the said vehicle, which is a dangerous object, in order to capture the situation, and used the said vehicle to take advantage of the influence of drinking.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on the crackdown of drinking.

2. On September 16, 2018, the Defendant driven a D QM3 car in the state of alcohol alcohol concentration of about 0.138% while under the influence of alcohol leveling from approximately 500 meters to the road near the Hanyang-gu, Mayang-si, Snyang-si, Sinyang-si, at the same time on the road located in the Dondong-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

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

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (a point of interference with the performance of special official duties), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment for each of the types of punishment;

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. Reduction of a small amount of damage under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, having no criminal record of imprisonment without prison labor or heavier punishment, and the damage suffered by enforcement officers is relatively minor);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;