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(영문) 수원지방법원 2015.10.29 2015고단3675
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:00 on August 11, 2015, the Defendant was driving a vehicle with a volume of about 500 meters, starting from the Suwon-si B before Suwon-si in the state of alcohol alcohol concentration of 0.103%, and returned from the roads before the same Gu B again to the same Gu B.

2. At around 01:30 on the same day, the Defendant divided the part of the police officer E, who had been requested to take a drinking test from the police officer E belonging to the Suwon-si Police Station D District District District D, Suwon-si, Suwon-si, and obstructed the police officer’s legitimate performance of duties in relation to the investigation of a criminal investigation, with the upper floor of the lush, by cutting off the lush part of E’s breast part with the lush hand, once together with the lush hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Control results of drinking driving;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant provisions of Article 136 (1) of the Criminal Act for the crime, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act for the punishment of the crime, and the choice of imprisonment, respectively;

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;

1. Where the scope of the reduction area (1 to 8 months) of the reduction area (1 to 1 month) of the obstruction of performance of official duties according to the sentencing guidelines is minor, multiple crimes are committed: the crime of the obstruction of performance of official duties for which the sentencing guidelines are set and the crime of the violation of the Road Traffic Act (2) other than the above crimes are committed as substantive concurrent crimes. In such a case, the sentencing guidelines are set to be followed by the lower limit of the recommended sentence (1 month).

2. A variety of conditions for sentencing include: (a) the fact that the blood alcohol content is not low; (b) the defendant reflects the fact that the defendant is a primary offender; (c) the health of the defendant is not good; and (d) the financial form is not good, along with the circumstances presented as the special mitigation factor.

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