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(영문) 서울서부지방법원 2019.05.16 2019고단364
공무집행방해
Text

A defendant shall be punished by imprisonment for seven months.

However, 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

At around 00:05 on December 12, 2018, the Defendant: (a) 112 reported on “the occurrence of a traffic accident caused by a driver’s driving under the influence of alcohol; and (b) laid off DNA’s chest by a police officer D, who was called to the scene, who was requested by the police officer D to take a drinking test; (c) d to take a bath, such as “fring-ins, single-frings, first-frings,” “fring-frings,” and “fring-frings,” and d to take a bath, such as “fring-frings, first-frings,” “fring-frings,” and d’s arms, which presented a drinking measuring instrument, and demanded a second drinking test.

Then, the defendant was forced by F of the Seoul Western Police Station E affiliated with the Seoul Western Police Station E, who was dispatched to the site upon D's request for support, to take a re-breath alcohol test, and the defendant was forced to take the left face of F on one occasion by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling 112 reported cases and regulating drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related to F and D;

1. A written statement of G and H;

1. Application of the Act and subordinate statutes of the Investigation Report (No. 14,16);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Probation, community service, or an order to attend a lecture, the confession of the reason for sentencing, the violation of Article 62-2 of the Criminal Act, and the fact that there is no record of punishment beyond a fine, the crime of violence committed three times, and the act of assaulting the same drinking driving (in the process of measurement, non-compliance with due process in the course of measurement) and the public official under the influence of alcohol even though he/she had been punished two times by a fine, on the other hand, even though he/she again becomes punished by a fine, and the punishment is determined as ordered

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