beta
(영문) 수원지방법원 안양지원 2018.12.18 2018고단1701

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 14, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as a light distance so far as he/she does not drink while driving a motor vehicle with a pedal at approximately 50 meters away from the D cafeteria in Ansan-si around the same day to the front day of the same Gu; (b) the Defendant driven a motor vehicle with the KAI QI engine, which was not installed a pedal at approximately 50 meters away from the D cafeteria in Ansan-si around September 14, 2018.

There is a reasonable reason to see, even though he/she received a 112 alcohol driving report and received a 112 alcohol driving report, he/she did not comply with a request for a drinking test for about about 10 minutes from an slope G belonging to the F District of the Police Station without any justifiable reason.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in paragraph 1, who was required to take a drinking test from the said G, and was able to take a bath as “this chrone”, and obstructed a police officer’s legitimate performance of duties in relation to traffic control by committing an assault, such as drinking at once the chest of G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of the statutes governing the disclosure of the circumstances of drivers working at the main place, investigation reports (report on the circumstances of drivers working at the main place), and the detection and handling of drivers working at the main place;

1. Relevant Article 148-2 of the Criminal Act, Articles 148-2 and 44-2 of the Criminal Act (the point of refusing to measure drinking), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 136(1) of the Criminal Act, and Articles 148-2(1)2 and 44 of the Criminal

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;

2. Determination of sentence - Determination of favorable circumstances: The first offender, the first offender, and unfavorable circumstances: The instant crime is controlled by the refusal to measure alcohol consumption.