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(영문) 수원지방법원 안양지원 2017.05.18 2016고단2099
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 November 28, 2016, the Defendant was under the influence of alcohol content of 0.186% in blood, the Defendant driven BK5 vehicles from front of the NC department department store located in 182 to the road front of the same Gu’s history distance, as he/she is a Gu citizen, while he/she was under the influence of alcohol at around 02:15 on November 28, 2016.

2. On November 28, 2016, the Defendant interfered with the performance of official duties, during the 159-lane 43 course of the game, assaulted D’s face one time at drinking when the Defendant demanded the measurement of alcohol level in relation to the Defendant’s blood alcohol level in relation to the case of violating the Road Traffic Act (driving) by a traffic accident investigation department at the police station.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article 136(1) of the Criminal Act concerning the facts constituting the crime; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act; Articles 148-2(2)2 and 44(1) of the same Act concerning the selection of imprisonment;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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