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(영문) 부산지방법원 2016.02.12 2015고단8302
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

Punishment of the crime

1. On November 20, 2015, the Defendant: (a) driven a C Spke vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.193% from the 100-meter section to the front road of the lux restaurant located in the lux-dong, Busan-gu, Busan-do, to the lux-dong road; (b) on November 20, 2015.

2. On November 20, 2015, the Defendant, at around 21:40 on November 20, 2015, conducted a alcohol alcohol test by the slope E belonging to the Busan Police Station D District, which was called out after receiving a report from 112 at the pan-dong located in Busan-dong, Busan-do.

The defect " has not been driven by this weather."

If there is any reason to do so,

“The Domination was carried out as “,” and assaulted, such as booming a bridge by cutting down the bridge of the said E, going beyond the bridge.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a notification of the completion of correction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (Selection of imprisonment with prison labor);

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 (The following favorable circumstances considered as the reasons for sentencing);

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, consideration shall be given given to the circumstances that are favorable to the defendant, such as: (a) the fact that the defendant committed an accident while taking the main place and obstructing the performance of official duties; (b) the fact that the defendant's mistake is against the defendant; and (c) the fact that the defendant has no criminal history exceeding the fine, etc.

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