logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2015.06.17 2015고단97
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 18:00 on April 17, 2015, the Defendant driven an X-si under the influence of alcohol concentration of approximately 0.111% in the section of about 60km to the parking lot of the Yan Culture and Arts Center located in the territorial sea of 36, the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and around 21:30 on the same day.

2. 공무집행방해 피고인은 2015. 4. 17. 21:30경 경북 영덕군 영해면 318만세길 36 예주문화예술회관 주차장에서, 피고인이 관내 일원을 역주행 및 난폭운전을 한다는 신고를 받고 추격하던 경북영덕경찰서 C파출소 소속 경찰공무원인 경사 D에게 검거되어 동인으로부터 도주이유 등에 대한 질문을 받자, 동인에게 “어이 아재! 씨발 놈아 땡기지 말고 수갑 채워라! 채워!”라고 말하며 양손으로 동인의 멱살을 잡아 흔들어 넥타이를 뜯는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the duty of regulating drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Statement of the circumstances of a drinking driver and notice of the control of drinking driving;

1. The application of Acts and subordinate statutes to a criminal investigation report (related to the pyo that a suspect drivess A), a criminal investigation report (Attachment of photographs of the obstruction of performance of official duties), a criminal investigation report (the attachment of photographs of the pyoba driven by a suspect), and a criminal investigation report (the cases of confirmation of the chassis number and engine displacement);

1. Relevant Article of the Criminal Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime (the point of drinking and the choice of imprisonment), and Article 136 (1) of the Criminal Act (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be aggravated for concurrent crimes, and the punishment shall be aggravated for concurrent crimes, within the scope of the sum of the long-term punishment for each of the above crimes.

arrow