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(영문) 수원지방법원 2015.03.19 2014고단7098
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. From around 02:00 on November 12, 2014 to around 02:40, the Defendant was under the influence of alcohol content of 0.053% between the blood alcohol concentration, and the Defendant was driving the E-learning car owned by the Defendant from the Osan-si apartment parking lot to the 12K street in the female-child-friendly Gu Da’s residential area from the Osan-si B apartment parking lot to D’s residential area.

2. On November 12, 2014, the Defendant: (a) the obstruction of performance of official duties; (b) the Defendant: (c) the victim G (50 years of age) who was a police officer of the Fabbs that was called out after receiving the 112 report that the Defendant damaged the C’s car on the front side of the Gabag-si, Young-si; (d) the victim G (50 years of age) was trying to confirm whether the Defendant was guilty of drinking alcohol and drinking through a drinking reduction device; (d) the victim’s bath that “I would see that I would see, I would like to say, I would like to see, “I would like to do so, I would like to do so; and (d) the victim’s finger that had been under the influence of drinking; (d) the victim’s breast that had been under the influence of drinking; and (d) the victim’s finger that had the victim’s breast, thereby harming the victim beyond the floor

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a diagnosis report by a victim);

1. Relevant Article 136 (1) of the Criminal Act for the crime, Article 257 (1) of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the same Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

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

1. Crimes of obstruction of the performance of official duties and injury as indicated in the reasoning of sentencing Article 62-2 of the Criminal Act.

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