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(영문) 대전지방법원천안지원 2020.10.16 2020고단1291
공무집행방해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

. The register of driver's licenses.

1. Application of a reply to inquiries, such as criminal records, two copies of the relevant indictment, and reporting on the results of confirmation before and after the disposition;

1. Relevant provisions of Article 136 (1) of the Criminal Act for the crime concerned, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of driving under the influence of alcohol), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving under the influence of permission without permission);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines (the determination of the type of the obstruction of performance of official duties) [Article 1] the obstruction of performance of official duties/performance of official duties [Special Convict] mitigated elements: In the case of minor degree of assault, intimidation, and deceptive scheme (the scope of recommending and recommending punishment), mitigation range, one month to eight months of imprisonment, and referring only to the lowest limit, as there are substantive concurrences with the crimes for which the sentencing guidelines have not been set.

2. Determination and drinking of sentence, and non-licenseless driving need to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The Defendant used violence against police officers in uniform, which is likely to be criticized in that such act not only obstructs police officers’ duty to maintain order, but also can promote light of legal order and public authority.

The defendant has been sentenced to a fine and a punishment several times in the past.

On May 1, 2020, the Defendant appeared to be aware of the law, such as drinking and driving without a license, because he did not drive under the influence of alcohol for two months.

The blood alcohol concentration measured is also 0.124% high.

However, the defendant recognizes his mistake and is against his will.

The degree of force exercised by police officers is minor.

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