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(영문) 제주지방법원 2014.12.09 2014고단1529
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around 22:20 on October 15, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.152%, and the Defendant was driving a vehicle which has a gallon in a section of about 700 meters from the Jeju Educational University located in the Jeju National University to the front of the Jeju Educational University located in the Jeju National University.

2. The Defendant interfered with the performance of official duties, at the time and place mentioned in paragraph (1) of this Article, when the police officer, who belongs to the Jeju East Police Station in charge of the traffic control by drinking D, boomed the complaint, boomed D in his hand while taking a bath, let D go beyond the road floor, walked up once, and threatened the police officer slope E who belongs to the same police station with a view to drinking, and interfered with the legitimate performance of duties by police officers in relation to criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D, E, and G;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and Article 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the grounds of sentencing) (the sentence shall be imposed as per the disposition, taking into account all the following circumstances: the scope of the sentence [the obstruction of performance of official duties, obstruction of performance of official duties, Type 1, basic area, imprisonment with prison labor for June - April 4] and the sentence shall be imposed in accordance with the sentencing guidelines. favorable circumstances: recognizing and seriously against the facts of the crime: there is no same kind of criminal

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