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(영문) 창원지방법원 진주지원 2018.03.14 2018고단36

공무집행방해등

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A defendant shall be punished by imprisonment for not less than eight 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 December 20, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B-low vehicle under the influence of alcohol content of about 0.112% from the 1km section around the restaurant to the front road of about 214 minutes in the center of the same city, from around 22:0 to around 22:00.

2. On December 20, 2017, the Defendant, as described in the preceding paragraph, driven a motor vehicle accident that booms the central separation zone while driving a motor vehicle while driving a motor vehicle at around 22:17, 2017, by voluntarily accompanying the motor vehicle to the zone of the Sacheon Police Station D, which is located in Sacheon-si, Sacheon-si, Sacheon-si, Seoul, and controlled drinking. The Defendant, who continued to go home without returning home and without returning home after his/her guidance, booms the police officers who were working for the said zone to go back to the police and go back to the said zone, and b2:35 on the same day on the same day, he/she gets off the police officers who were working for the police station while driving a motor vehicle at around 22:35, 201, and urge them to go home again.

As ‘the floor' and ‘the left side of E', violence was committed at one time on the part of E's left side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV images;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 of the Road Traffic Act, Article 136 (1) of the Criminal Act, and imprisonment with prison labor for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations for the application of the sentencing criteria: More than six months to one year and six months (basic areas): Multiple crimes committed in which no special sentencing person exists:

2. The decision of sentencing does not have a criminal record of the same kind and other ages of the accused.