logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.06.14 2017고단241
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 03:45 on January 31, 2017, the Defendant driven a B 130-car under the influence of alcohol leveling 0.137% while under the influence of alcohol leveling to 0.137% in the influence of alcohol leveling to 0.137% in the vicinity of Pyeongtaek-si games from the 4rd Do in the Osi-dong-dong Masan-dong-dong 522.

2. The Defendant interfered with the performance of official duties, at the date and time set forth in the above paragraph 1 above, and at the place where the said car was sitting and divingd, he did not comply with the request of the head of Pyeongtaek-gu Police Station C District Gyeong-gu, which called the site after receiving a report of 112, to cut off and cut off the car at the seat of the driver. However, the Defendant carried out approximately 50 meters after gathering the body into the vehicle in order to convert the speed of the change into the parking seat.

Accordingly, the defendant assaulted a police officer who is performing legitimate duties concerning the handling of 112 reports and criminal investigations, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the detailed report on the circumstances of the driving of the week, and statutes governing field photographs;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of 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 Criminal Act for observation of protection;

1. Sentencing Criteria for obstructing the performance of official duties (the scope of recommended punishment) and the aggravated area (one year to four years).

2. Determination of sentence - Pronouncement of favorable circumstances: The recognition of the crime, reflectivity, and the recent five-year period of crime and there is no record of crime exceeding a fine; unfavorable circumstances: The blood alcohol concentration level is relatively high, and the driving of the vehicle after driving under the influence of alcohol is one time (the fine in 2012).

arrow