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(영문) 의정부지방법원 2013.10.08 2013고단2811
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant,

1. On August 8, 2013, 04:32, the obstruction of performance of official duties: (a) assaulted a police officer’s legitimate performance of duties concerning traffic control, by taking the victim’s face at one time on the vehicle, when the police officer assigned to the Namyang Police Station B police box belonging to the Namyangju Police Station B, who was called out after receiving a report that “a person who was fright on the intersection is frighting the vehicle and frighting the vehicle.”

2. On August 8, 2013, at around 04:32, 2013, a person driving a DNA rocketing car under the influence of alcohol concentration of approximately 0.142% at the section of approximately 300 meters from the 300 meters of alcohol alcohol level to the front road of the same Eup/Myeonn-gu, Jyang-si, Jyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. A written report from an employee of an employer;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act, the defendant was sentenced to punishment of 10 months of imprisonment with prison labor, 2 years of suspended execution, 2 years of imprisonment with prison labor on or around July 2003 due to drinking driving, etc., 8 months of suspended execution, 2 years of suspended execution, and 1 million won of fine due to drinking driving on around July 2005, and around August 201, there are many kinds of records of the same crime, such as being subject to a disposition of no prosecution by assault.

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