공무집행방해등
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
(2018 Highest 2704) On November 22, 2017, the Defendant driven a motor vehicle under the influence of alcohol on the front side of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, 07:36 on November 22, 2017, and driven a motor vehicle under the influence of alcohol, such as a slope F, and a patrolman belonging to the E zone belonging to the Seocheon-gu, Seocheon-gu, the Defendant was able to drive the CCTV of the above C, and a vehicle under the influence of alcohol from the Defendant’s entrance, such as smelling and snicking on the face.
There is a reasonable reason to determine a seal, and it was demanded to respond to the measurement of alcohol by inserting approximately 15 minutes in total three times from around 08:11 to around 08:21 on the same day.
Nevertheless, the defendant, who was sealed by the alcohol measuring instrument in his/her hands, was not able to comply with the request of police officers for the measurement of alcohol without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A self-statement prepared for H;
1. Application of the Acts and subordinate statutes governing drinking CCTV CDs to a report on detection of a person subject to violation of the Road Traffic Act (drinking), a photograph of CCTV driving CCTV, a copy of a register using a specific flag for drinking, and a copy
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances described in the grounds for sentencing);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances described in the grounds for sentencing)
1. The sentencing criteria are not set for offenses against the violation of traffic laws on roads;
2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.
The defendant confessions and reflects the crime of this case.
◎ 피고인에게 불리한 정상은 다음과 같다.
Although there is a considerable circumstance that a police officer is suspected of drinking alcohol, it is not good to comply with a police officer's request for the measurement of drinking alcohol.
The former crimes of violation of road traffic law (drinking driving) and violation of road traffic law (drawing driving) throughout several times.