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(영문) 전주지방법원 2016.11.03 2016고단1463

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal power] The Defendant was sentenced by the Jeonju District Court as a crime of violation of the Road Traffic Act (driving) and fine of KRW 1,500,000 on October 13, 2009, and fine of KRW 3,000,000 on December 23, 201, respectively.

【Criminal Facts】

1. Around 3:20 on May 23, 2016, the Defendant: (a) driven the E-5 vehicle at approximately onem while under the influence of alcohol level of 0.088% on the front of the “Dju shop” located in Seojin-gu Seoul Special Metropolitan City on the road.

2. At around 3:30 on May 23, 2016, the Defendant of the obstruction of performance of official duties: (a) on the road in front of the “Dju shop” as indicated in paragraph (1); (b) on the new wall, the Defendant reported that the Defendant 112 was frighting to turn on the front side of the vehicle and was in a serious noise; (c) on the part of the police box affiliated with G of the former Seongdong-in Police Station, which called the Defendant, who was traveling a 5-car, as described in paragraph (1), and demanded him to have a drinking alcohol measurement after stopping the vehicle; (d) under the influence of alcohol, he saw him as “math, fright,” and refused to take a drinking test; and (d) H took the breath of the left part of the H by her hand, she took one time, and assaulted her chest and her chests on three occasions.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Notification and photograph of the control results of drinking driving;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Probation Act;