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(영문) 대구지방법원 서부지원 2017.11.28 2017고단1133

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2017, the Defendant: (a) 21:48 around 21:48 on May 1, 2017, 201, while driving a drinking in front of C members in Seo-gu, Daegu, Seo-gu; (b) on patrol, the Defendant was subject to the crackdown on drinking to E by police officers belonging to the police station of the Daegu Seo-gu Police Station D who was under patrol.

Defendant E notified the Defendant of the alcohol alcohol volume and explain the procedure thereafter.

It is inside the face, but it is called "Woo knb", and the head of the above E with the hand floor once, thereby hindering the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of police officers' crimes.

On May 1, 2017, the Defendant driven a G cafeteria, which was under the influence of alcohol by 0.265% from May 1, 2017, at around 21:07, the G cafeteria, located in the Seogu Seo-gu, Seo-gu, Daegu, to the front of the 150m section of approximately 150 meters from the G cafeteria to the front of Daegu-gu, Seo-gu.

Summary of Evidence

"2017 Highest 1133"

1. Statement by the defendant in court;

1. Report of the police statement to E "2017 Senior 1189 senior group";

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site map, on-site photograph, and a survey report on actual condition;

1. Inquiry into the response to a request for appraisal, a written alcohol appraisal during blood transfusion, and the results of crackdown on drinking driving (record 33 pages);

1. Application of Acts and subordinate statutes to investigation report (verification of alcohol content among the blood transfusions of a suspect);

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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 stay of execution (see, e.g., Supreme Court Decision 62(1)1 of the Criminal Act on the grounds that the defendant is against himself and there is no record of punishment exceeding the fine,