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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1207

공무집행방해등

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

1. On June 18, 2017, the Defendant driven a B B B B-type car under the influence of alcohol content of about 150 meters from the front side of “3-Gu 4 Gu 4 Gu Gu 26-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

2. On June 18, 2017, around 23:15, the Defendant: (a) around 23:15, and around the first place of the tin Voluntary Voluntary Crime Prevention Station located in the area of one-lane 2, North Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, the Defendant, as described in paragraph (1), was able to raise complaints on the roads of four-lanes; and (b) took a bath for the Defendant, who is the police officer of the Doldong Police Station C District, who met the Defendant, “Chewing typ. The public authority is executed as gab.

It is also possible to live well, and there is no concern to SNS.

When referring to “D’s face, etc. is taken several times with cell phoness, and D’s face was used as a licker’s hand to capture D’s shoulder.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs, etc.), investigation report (on-site photographs, etc. and attaching copies of identification cards);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

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 circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria;

(a) interference with the performance of official duties [the scope of punishment for recommendations].