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(영문) 서울동부지방법원 2018.06.28 2018고단1293

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

(b) interfere with legitimate performance of duties;

B. On March 18, 2018, the Defendant, at around 11:05, who obstructed the performance of official duties of police officers, committed assault to the above I, who was requested by the police officer I to take a drinking test after receiving a 112 report, that “I would like to walk the above I’s right direction twice the above I’s right direction.”

As above, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, G, F, and H;

1. Investigation report (report on the situation of the driver in charge); and

1. 112 Reporting case handling table;

1. Medical certificate (I);

1. On-site photographs and caps of dynamic images;

1. Application of police officers' I photographs of damage to police officers, F damaged photographs of fire officers, and H damaged photographs of fire officers;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The review of the sentencing criteria [the scope of the recommended punishment] and the basic area (f.g., six months to one year and six months) (f., one year and six months) of the basic area (f.g., no person subject to special sentencing)] of the category 1 (f., interference with the performance of official duties and coercion of duties) are set up only the lower limit of the sentencing criteria

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The fact that each of the crimes of this case is not good, that the defendant has no record of driving under the influence of alcohol, that the defendant has no record of exceeding the fine, and that he is against the law.