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(영문) 의정부지방법원 고양지원 2017.11.15 2017고단2440
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] The defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving of Drinking) at the Goyang Branch of the Jung-gu District Court on December 13, 2007. On September 26, 2008, the same court issued a summary order of KRW 700,000 for the same crime.

[Criminal facts]

1. On October 30, 2017, the Defendant: (a) driven an E K-3 vehicle under the influence of alcohol content of about 0.248% in a section of about 500 meters from the day before the day before the day when the instant vessel was “the first three-way,” located in the Dobong-ri, Eup, Don-gu, Pari, Pari-si, Pari-si, Pari-si; and (b) drive the said vehicle under the influence of alcohol content of about 0.248% in the blood alcohol level from the front

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

2. On July 30, 2017, at around 23:40, the Defendant: (a) obstructed the performance of official duties, the Defendant: (b) committed assault by the Defendant, on his hand, the Plaintiff, who was under the influence of alcohol on the roads D in front of the Gyeonggi-Pacific Police Station that was in the influence of alcohol; (c) 20 times the front part of the said G, which was using a drinking measuring instrument for the measurement of drinking on the roads in front of the Gyeonggi-Pacific Police Station; and (d) 20 times the left part of the said G, who was in receipt of a demand for the measurement of re-driving alcohol from the said F; and (d) d) d) d) d) d) d) d) d) d) f’s head f’s head f’s head f’s head f’s b

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each investigation report (the sequence 6,7 of the list of evidence);

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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