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(영문) 인천지방법원 2016.01.06 2015고단7025
공무집행방해등
Text

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

1. On September 3, 2015, the Defendant, while under the influence of alcohol at around 04:00, driven a BAD A4-car from an underground parking lot near the Green Hospital located in the Southern-gu Incheon Metropolitan City, to the end on the street, from around 104, to the 16th day of the same Gu, in a manner of under the influence of alcohol at 0.143%.

2. The Defendant interfered with the performance of official duties by assaulting, in his hand, the Defendant at the above date and time, and at the above 112 place, the Defendant obstructed the police officer’s legitimate performance of duties concerning the dispatch of report 112, on the ground that the police officer D, who was dispatched to the Incheon Southern Police Station C District D, attempted to inflict an injury on E who reported the above 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 136 (1) of the Criminal Act in relation to the crime (the point of obstructing the performance of official duties), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act, and the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] / There is no basic area (six months to one year and four months) (the person subject to special sentencing) (the decision of sentence : the person subject to special sentencing] - there is no record of punishment exceeding a fine: there is no record of punishment exceeding the fine for favorable circumstances; the fact that there is no previous conviction for the same kind of offense; the fact that there is no record of punishment exceeding the fine; the fact that there is no record of unfavorable circumstances:

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