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(영문) 수원지방법원 성남지원 2018.09.28 2018고단1571
일반교통방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 12, 2018, the Defendant interfered with general traffic, at around 00:50, obstructed the traffic of the land by blocking the passage of the E K7 vehicle driven by D for about 20 minutes without any special reason, under the influence of alcohol on the roads of one-way passing prior to the C Scmarket located in Seongbuk-gu Seoul Metropolitan Area Section B.

2. The Defendant interfered with the performance of official duties is going against the Defendant’s failure at the date, time, and place in paragraph 1.

“Around 03:40 on the same day, the police officer sent to the site after receiving a report of 112, the police officer G and Habman engaged in traffic interference with the Defendant. The police officer posted drinking to the said police officer, Hab the instant police officer’s bridge Had on one occasion, Hab the police officer’s bridge Hadon on the same day, 03:40 on the F District located in Sungnam-si I, Sungnam-si, the body of the above police officer G was drinking once a week without any special reason, and the police officer assaulted the Defendant once again.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 185 of the Criminal Act (the point of obstructing general traffic) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant's wrongness and the fact that the defendant was under considerable influence at the time of the case, etc., the punishment as ordered shall be determined by taking into account all the factors indicated in the records

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