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(영문) 창원지방법원 진주지원 2016.07.20 2016고단412

공무집행방해등

Text

A defendant shall be punished by imprisonment 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

1. On April 28, 2016, the Defendant violated the Road Traffic Act (dial driving) driving a D car with alcohol content of about 10 meters from the road front of the C cafeteria located in Jinju-si B to the front road of the same C cafeteria, while driving a D car with alcohol content of about 0.136% from the 10m section to the day before the same C cafeteria.

2. On April 29, 2016, the Defendant interfered with the performance of official duties: (a) stated the fact that at the Jinju Police Station F box located in Jinju-si, Sinju-si, Sinju-si, the Defendant was found to have been driven by drinking, as stated in the foregoing paragraph 1; and (b) on the ground that the slope G (44 years) belonging to the above F Police Station, to which he belongs to the above F Police Station, would have to take out tobacco outside of the said F Police Station, he she was killed by G.

"Blothing" and assaulting the police officer to walk on one occasion the right direction of the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, a report on detection of a driver driving, and an inquiry about the results of regulating drinking;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 136 (1) of the Criminal Act, and Articles 148-2 (2) 2 and 44 of the same Act concerning the punishment of the crime

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant committed the crime of drinking alcohol even though he had the record of punishment for driving under drinking, and the degree of drinking alcohol is considerable; the defendant found in the police box following the day and resisting the detection of drinking driving and obstructing the performance of official duties by assaulting the police officer.

However, the defendant reflects his crime at the latest, and the degree of assault by the defendant.