beta
(영문) 청주지방법원충주지원 2020.09.25 2020고단435

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On July 11, 2020, at around 03:35, the Defendant: (a) controlled the content that “the Defendant driven a E-e-mail vehicle on the road at approximately 3.4 kilometers in the state of drinking alcohol concentration of about 0.183% in the state of drinking alcohol level” from the Chungcheong Police Station C District 1 Team affiliated with the Defendant, which was called after receiving a report on drunk driving in front of the Defendant’s residence in the Chungcheong Police Station B.

While the Defendant continued to sign and affix a seal on the statement of the circumstance of drinking driving from F in the same manner F, the Defendant called “Chos, Shos, Shos, who will be bound by Chos, Nemanm,” and sold once a part inside the left-hand side of D (Nam, 51) in the circumstances in which the Defendant was drinking, and then sold once a part of G (Nam, 52 years old) in the same way as the Defendant’s drinking, and sold once a part of the inside of the same region in which he was prevented from signing.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reports and the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement concerning G or D;

1. The 112 Reporting Case List and the application of related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or 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;

1. Probation and community service order under Article 62-2 of the Criminal Act is significantly limited to the extent of obstruction of performance of official duties, and the defendant is punished by imprisonment with prison labor considering the fact that there are many kinds of violences, the execution of punishment shall be suspended in consideration of the absence of the same criminal records, and probation and community service order shall be imposed for supervision and edification