공무집행방해등
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 this judgment becomes final and conclusive.
Punishment of the crime
1. Around 22:50 on September 25, 2015, the Defendant driven a Bsp motor vehicle under the influence of alcohol content of approximately 0.204% at the section of about 5km from the section of approximately 5km to the front day of the Incheon Bupyeong-dong, Incheon, Seosan-dong to the next day of the Incheon Mapo Elementary School located in the same Gu.
2. On September 25, 2015, the Defendant: (a) expressed that “I wish to drive a vehicle taken by a driver,” in front of the foregoing Incheon Mapo Elementary School, “I wish to drive the vehicle,” who is requested by the head of the Bupyeong Police Station affiliated with the Bupyeong Police Station of the Bupyeong Police Station to take a drinking measurement by the driver, who was called “I must do so,” and “I would like to see if I want to do so, ? I will not face chrop? I will not face chrop?” and obstructed the police officer’s legitimate performance of official duties concerning the measurement of drinking by assaulting the police officer, such as “I would have to see this kick, you will not face chrop, and you will walk s
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each statement of D, E, and F;
1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;
1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act for the crime;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the first offender and the reflective fact against the crime);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Reasons for the sentencing of Article 62-2 of the Criminal Act [Determination of Punishment] : Type 1 of the obstruction of performance of official duties [Determination of the recommended area] Basic field / [Scope of the recommendation area] from June to April / [general person] - None of the applicable provisions of the Criminal Act / [Scope of the punishment by sentence] applicable provisions of the Criminal Act : 1 to five years [Determination of sentence], 2 years of suspension of execution, 80 hours of community service, and order to attend lecture.