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(영문) 인천지방법원 2015.06.10 2015고단1911

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 March 12, 2015, the obstruction of performance of official duties, the Defendant: (a) around 23:30, Bupyeong-gu, Incheon, Bupyeong-gu, 199-gil 26, (b) Asian Parts Factory parking lot; (c) there are reasonable grounds to recognize that he/she was driving a motor vehicle under the influence of alcohol; (d) the Defendant continued to comply with a request for a drinking test by the victim C (33 years of age) who is the police officer belonging to the Bupyeong Police Station; and (e) the victim notified the Defendant of all of his/her rights to arrest the Defendant as a flagrant offender in violation of the Road Traffic Act (driving) and then, (e) the victim expressed his/her desire to “I will see whether I will do so, I will do so, I will see, I am, I am, I am, and I am under the influence of drinking, and (e) the victim's left side side part of the victim's body one time, and interfere with the victim's legitimate treatment of the victim's duty.

2. Around 22:50 on March 12, 2015, the Defendant violated the Road Traffic Act (driving) and driven a motor vehicle under the influence of alcohol concentration of about 5km from around the roads near the Seo-gu Incheon East East Eastern Asia to the influence of 195-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the front of the ZF Korea, thereby driving the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F (including the second written statement made to C);

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Application of the legislation in its opinion;

1. Relevant Article 136(1) of the Criminal Act for the crime concerned, Article 257(1) of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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