공무집행방해등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
(b)A police officer’s request for a measurement of drinking alcohol was made by inserting the whole in part three times for a significant reason, but he/she was required to comply with the measurement of drinking alcohol, and the police officer failed to comply with the request for a measurement of drinking alcohol without good cause;
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Statement of the circumstances of the driver involved in driving;
1. Application of the video CD-related Acts and subordinate statutes
1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, the selection of imprisonment with prison labor;
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. Reasons for sentencing under Article 62-2 of the Criminal Code of the taking course and community service order [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] The basic area (from June to January), the scope of the recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for at least one year (on the basis of the minimum limit of the legal applicable punishment for the violation of Road Traffic Act (on the basis of the sentencing guidelines), [the sentence] the defendant has been punished several times for violent crimes and the drunk driving without a license. In particular, from 2008 to 2010, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for the violation of the Act on Punishment of Violences, Etc. (on the basis of collective or deadly weapons, etc.), such as interference with the performance of official duties and damage to public goods, drinking, driving without a license, driving without a license, etc.
Nevertheless, while driving under the influence of alcohol, the Defendant refused a police officer's request for measurement of drinking, and committed a crime obstructing the police officer from performing his/her duties.
The crime of this case is highly likely to be criticized in light of the form and degree of the act, etc.
The motive and background of the crime, including the above circumstances, and the method and method of the crime.