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(영문) 의정부지방법원 2013.04.25 2013고단607

공무집행방해등

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. On February 14, 2013, from February 14, 2013 to 22:40, a person drives B rocketing car with a blood alcohol content of at least 0.180% from the 300-3rd road in the same 269-3rd road as the Do in front of the teaching distance of the Guluri-si Tri-si Trith to the same 22:40;

2. On February 14, 2013, the obstruction of performance of official duties: (a) around 22:40 on the road of the 263-9 Sinri-si, the Gyeonggi-gu Police Station traffic control division, which controlled drinking driving on the road of the 263-9-dong, was under the influence of alcohol and was subject to the demand for presentation of driver’s license and for alcohol measurement; (b) he was under the influence of alcohol; (c) he was under the influence of alcohol, and (d) he was under the influence of alcohol; (d) he was under the influence of alcohol; (d) he was under the influence of alcohol; and (e) he was under the influence of alcohol; and (e) he was under the influence of alcohol; (e) he was under the influence of alcohol three times; and (e) C’s chest was under the influence of assault

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to report the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and notification of the results thereof;

1. Relevant provisions of Article 136 (1) of the Criminal Act for the crime, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act for the punishment of the crime, and the choice of imprisonment, respectively;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments for the crimes of obstruction of performance of official duties, which are higher than the punishment, double concurrent crimes: Provided, That the lower limit shall apply to the crimes of violation of the Road Traffic Act];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of the final sentence for the reason of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for not less than six months;

1. The obstruction of performance of official duties (type of crime) among the crime groups of obstruction of performance of official duties.