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(영문) 대구지방법원 2014.08.14 2014고단3093

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 17:30 on May 25, 2014, the Defendant: (a) driven B Poter truck under the influence of alcohol with a blood alcohol concentration of about 0.170% at a section of about 10 kilometers from the cafeteria parking lot in the middle-gu Northern-dong, Daegu to the front day of the Namyang-dong, Daegu Suwon-gu.

2. On May 25, 2014, the Defendant, at around 17:20 on May 25, 2014, 17:20, when the Defendant was under the influence of alcohol, she was under the influence of alcohol from the slopeD belonging to the Daegu Water Police Station C District Unit of the Daegu Water Station, which was called up after receiving 112 reports on the same manner as the Defendant was under the influence of alcohol. On May 25, 2014, the Defendant driven the cargo vehicle to the front of the Southyangyang School located in the Daegu Water-gu, Daegu Water Station, and escaped again.

After that, while the Defendant escaped from the above D, on May 25, 2014, at around 17:44, the Defendant was arrested as a flagrant offender from the above D prior to the C’s “Fison Dog-gu, Daegu Suwon-dong,” and committed assault, such as walking the D’s shoulder at one time while intending to do so to the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (voluntary conversation E) and telephone communications;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 136 (1) of the Criminal Act, and the choice of imprisonment with labor;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] and the basic area (6-1-1-4 months) of the obstruction of performance of official duties (the scope of obstruction of performance of official duties and coercion of official duties) [the person who has been specially punished] [the decision of sentence] eight months, respectively.