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(영문) 수원지방법원 2019.07.12 2019고단1902

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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. On November 25, 2018, the Defendant, while under the influence of alcohol around 16:34, driven a C car at a section of approximately 2.5 km from the road located in Suwon-si, Suwon-si to the front road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the blood alcohol concentration of which is 0.159%.

2. On November 25, 2018, the Defendant interfered with the performance of official duties: (a) in the vicinity of the center line in front of the road in Suwon-gu, Suwon-si; (b) in the vicinity of the center line in front of the road in Suwon-gu, Suwon-si; (c) on the ground that there is the risk of secondary accidents from the slope belonging to the D District of the Suwon-gu Police Station D District of the Suwon-gu, which was called upon 112, the Defendant was moving back to India on the ground that he would face the horses being moving to India; and (d) was moving the cell phone in his possession to India on his hand and at the time of once, interfered with legitimate execution of duties

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A traffic accident report (1) (2);

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Application of Acts and subordinate statutes to the degree of damage, on-site photographs, ctv photographics to the closure of the ctv screen pictures, and scape

1. Relevant statutory provisions concerning criminal facts, Article 136(1) of the Criminal Act’s choice of punishment, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. 보호관찰, 수강명령, 사회봉사명령 형법 제62조의2 양형의 이유 음주상태에서 경미한 접촉사고를 일으킨 후 경찰관에게 단속되었는데 휴대폰을 쥔 손으로 피해 경찰관의 얼굴을 가격하고 안경까지 파손시킨...