공무집행방해
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.
Punishment of the crime
On November 30, 2017, around 22:36, the Defendant: (a) was under the influence of alcohol by 0.100% in the blood alcohol level in front of the C cafeteria located in the Dansan City B; (b) was under the influence of alcohol while driving a D N N N NV vehicle; and (c) was prevented from driving the vehicle again from driving the vehicle from the E Police Station of the Dosan Police Station and the process F of its affiliated therewith; and (d) on the ground that the Defendant was unbured, “ how the Defendant was under the influence of an agent driving.”
“Along with a sound, booming the breath of the police officer as his hand, and obstructing the police officer’s legitimate execution of duties on the duty of regulating drinking and the duty of maintaining public order.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each statement of G, H and I;
1. The application of Acts and subordinate statutes to criminal investigation reports and photographs;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Interference with the Execution of Official Duties in Type 1 (Obstruction of Performance of Official Duties and Compellion of Duties) / [Pronouncement 6 months to 1 year and 6 months] Although the nature of the crime of this case by using violence to police officers carrying out official duties is not less than that of the crime of this case by using violence, circumstances favorable to the defendant's erroneous recognition and reflectiveness should be taken into consideration, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be considered in consideration of the defendant's age, etc.