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(영문) 대전지방법원 2021.01.29 2020고단2817

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 order 2817] On June 4, 2020, the Defendant reported on June 4, 2020, around 01:45, around 01:45, at the front parking lot of Daejeon Seodong B apartment building C, and sent out after being reported to 112, E ( South, 53 years old), and the Defendant’s face was taken one time at the right drinking without any justifiable reason, and the victim prevented the victim from leaving it.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

[200 Highest 4242] On July 11, 2020, the Defendant driven a J Poter in the direction of about 100 meters from G direction in Daejeon Pung-gu F to G direction in the same Gu, while under the influence of alcohol content of 0.243% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by the police against the defendant (2020 high rank 2817);

1. Statement made by the police for E;

1. The criminal place, each investigation report, 112 report processing table, and internal investigation report; and

1. Photographs of damaged parts (2020 highest 4242);

1. A report on the occurrence of the case, the arrest of the case, the notification of the results of regulating drinking driving, the inquiry into the factual results, the report on the situation of the driving of the main driver, the report on the circumstances of the main driver, and the inquiry into the driver'

1. Application of statutes on field photographs;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the accused) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62 of the Act on the Suspension of Execution of Official Duties) requires strict punishment for a crime that interferes with the performance of official duties, which is highly serious in the danger and harm of drinking driving, and at the same time,