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(영문) 창원지방법원 진주지원 2015.08.12 2015고단464
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 8, 2007, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on October 24, 2008, a summary order of KRW 150,000 as a fine for the same crime was issued by the same court.

1. Around 05:00 on May 11, 2015, the Defendant driven the BM5 vehicle volume with approximately 30 meters of alcohol content 0.092% under the influence of alcohol, from the road front of the Ebberg Dogin Dog in the South-west Sea Eup to the road front of the South-west Sea Airport located in the same Eup.

2. At around 05:10 on May 11, 2015, the Defendant of the obstruction of performance of official duties: (a) assaulted the police officer’s legitimate execution of duties on traffic control by assaulting the police officer’s right side part of the above D, i.e., when the Defendant, a driver at the south Sea Elementary School located in the south-do, South-do, South-do, South-west Sea-ro 10-gil, a 10-day-ro, with the driver’s seat locked up in the driver’s seat and received a report that BM5 car stops on the road; and (b) he was requested by D from the security guards belonging to the police officer of the police station, to take a drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Report on the statement of the situation of a drinking driver (A), and notification of the results of the regulation of drinking driving (A);

1. Each photograph;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of each summary order statutes;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment heavier than that prescribed for the obstruction of performance of official duties, but the short-term punishment shall be based on the short-term punishment prescribed for the crime of violation of the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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