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(영문) 창원지방법원 진주지원 2018.02.14 2017고단1099

공무집행방해등

Text

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

Reasons

Punishment of the crime

1. On September 25, 2017, the Defendant: (a) violated the Road Traffic Act (d) and the Road Traffic Act (licensed driving) driving, without obtaining a driver’s license from around 21:50 on September 25, 2017; (b) drive D Poter truck at the section of 1km in total from around B in the South-west Navy, the Republic of Korea under the influence of alcohol with a blood alcohol concentration of 0.177%.

2. On September 25, 2017, at around 22:00, the Defendant obstructed the performance of official duties, as described in paragraph (1), and at the place indicated in paragraph (1) above, while driving under the influence of alcohol as described in paragraph (1), the Defendant: (a) controlled the police officer F of the police box belonging to the Southern Sea C before the Southern Sea C; (b) took a complaint; and (c) took a bath to the said F; (d) carried out the said F on three occasions; (e) carried the chest part of the said FF on three occasions by hand; and (e) carried the chest part of the police officer G, who belongs to the same police box, was tightly pushed up five times in both hands, and was faced with the bridge of the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties) concerning the relevant facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment and punishment provided for in a crime of obstructing the performance of official duties against F with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes to interfere with the execution of official duties to F with heavier punishment: Provided, That the lower limit shall be the same as the crime of violating Road Traffic Act (driving)];

1. Recommendations for the application of the sentencing criteria: A majority of offenses are nonexistent, which are conducted from June to June (basic areas).