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(영문) 수원지방법원 2017.07.20 2017고단2747

공무집행방해등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On January 22, 2017, the Defendant violated the Road Traffic Act (dwork of drinking), driving a Drocketing car in the state of alcohol concentration of 0.136% in blood at the C Mart parking lot located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and driving it at a 0.136% under the influence of alcohol level.

2. On January 22, 2017, at around 01:40, the Defendant: (a) obstructed the performance of official duties, at the transportation investigation office of the 1673 Gyeonggi-gu Police Station Department, Seog-gu, Suwon-si, Suwon-si; (b) assaulted the face of the above FF one-time, taking advantage of the Defendant’s scams, scambling the light of the police box affiliated with the above police station E box, in order to measure drinking; and (c) was voluntarily accompanied to the above office for driving alcohol as stated in the above paragraph (1); and (d) did not take place on the floor after having arrived at the above office; and (d) did so.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Voluntary consent to accompany;

1. Each investigation report (the sequence 16,21, 29, 34, 37 of the evidence list);

1. Application of field photographs, relevant photographs, and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (Interference with the execution of official duties in the judgment of the court) [Scope of the recommended sentence] : The scope of the compared sentence with the recommended sentence that has no basic area (from June to one year and six months) (any person subject to special sentencing) : June to June 1;

2. Determination of sentence -