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(영문) 서울중앙지방법원 2020.01.09 2019고단4851

공무집행방해등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

Around 14:15 on June 26, 2019, the Defendant: (a) received a request to return home from a policeman belonging to the Sejong Police Station, who was called up after receiving the report of 112, at the intermediate point of the front of the Jongno-gu Seoul Apartment Complex B apartment; (b) “A person under the influence of alcohol,” and “A person under the influence of alcohol,” and assaulted by the Defendant, on his head, that “A person under the influence of alcohol, she shall return home from D to the police officer belonging to the Sejong Police Station: (c) drive away the above D, which she wres down on the spot, she shall go back to the front part of the above D,” and “A person under the influence of the police, she shall go off to the front part of the said D’s breast and the shoulder, which shall go up to the end of the above D crosswalk.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the above police officers.

On April 10, 2014, the Defendant received a summary order of KRW 5 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act.

【Criminal Facts】

On August 29, 2019, at around 23:05, the Defendant driven G 130 automobiles while under the influence of alcohol concentration of about 0.186% at approximately 300 meters from the front of Jongno-gu Seoul Metropolitan Government B apartment to the front of F in Jongno-gu, Seoul.

As a result, the Defendant violated the prohibition of drinking driving once, and again driven a car while under the influence of alcohol.

Summary of Evidence

"2019 Highest 4851"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of H: "2019 Highest 7183";

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an employer-employed driver) and report on the entry into an employer-employed driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation conditions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and imprisonment, respectively;