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(영문) 수원지방법원 안산지원 2018.04.20 2017고단3701
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On January 28, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (driving), a fine of KRW 2 million for the same crime in the same court on November 17, 2010, and a fine of KRW 1.5 million for the same crime in the same court on June 1, 2012.

1. On November 10, 2017, the Defendant driven a C rocketing car with alcohol content of about 0.1km 0.1 km from around 16:26 on November 10, 2017 to around 1st of the same Hamn-dong Hamn Hamn-dong, Hamsan-si.

2. Around November 10, 2017, the Defendant: (a) received a report on the fact that “E” in the “E” located in Ansan-si, Ansan-si; and (b) obstructed the performance of official duties, the Defendant: (c) assaulted the Defendant’s face one time in his hand, while taking a warning that “A police officer, who is the police officer of the police station of the Ansan-gu, Police Station, assigned the Defendant to measure the alcohol concentration in blood; and (d) asked the Defendant whether he will undergo an on-the-day investigation when notifying the result; and (c) asked the Defendant of the results.”

As a result, the Defendant interfered with the legitimate execution of duties by police officials on drinking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the record of drinking alcohol measurement and a report on the circumstances of the driver involved in drinking;

1. Photographs photographs of damaged parts;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment (the records of punishment for driving of the same kind of drinking, the degree of alcohol in blood, the degree of interference with the performance of official duties, the circumstances leading to the interference with the performance of official duties, and other circumstances following the crime, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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