logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.08.14 2014고단2627
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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 May 6, 2014, the Defendant refused to take a drinking test, while under the influence of alcohol around 22:05, driven the E rocketing car volume to the front day of the police box of the Jinsung Police Station D, which is located in C, at the top of the reputation of the Dongdong-dong Road, in the influence of alcohol.

In light of the reasonable grounds to recognize that the Defendant was driving the said vehicle under the influence of alcohol, such as drinking and smelling, in a police box between 22:25 and 22:45 on the same day, the Defendant did not comply with the request of the captain of the said police box to respond to the measurement of alcohol by inserting three times the breath of the police box belonging to the above police box, even though he did not comply with the request without justifiable grounds.

2. From 22:25 on the same day to 22:45 on the same day, the Defendant: (a) expressed to the police officer F, etc. that “I have been able to drive a police station; (b) I would like to have been able to take a drinking test; (c) I would like to see why I would have been able to drive a police station; and (d) I would like to see why I would have been able to do so; and (d) the Defendant interfered with the legitimate performance of duties regarding police officers’ criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to the report on the status of a drinking driver;

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

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

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

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

1. The reason for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act is that the defendant reflects his mistake, there is no record of punishment heavier than that of suspended execution due to the same kind of crime, and that there is no standard of punishment for recommending obstruction of execution of official duties is not established.

arrow