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(영문) 춘천지방법원 강릉지원 2019.05.30 2018고단562
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On June 24, 2014, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court for eight months, and the execution of the sentence was completed in the Gangnam Prison on February 21, 2015.

【Criminal Facts】

1. Around 00:40 on October 25, 2016, the Defendant driven a F stife vehicle with a blood alcohol concentration of 0.154% from a 50-meter section from the front of C Hospital located in B in the East Sea to the front of a restaurant located in D, to a level of about 50 meters.

2. On October 25, 2016, the Defendant: (a) committed an act of obstruction of performance of official duties in front of the E cafeteria located in the East Sea; (b) committed an act of drinking under Paragraph (1); (c) committed an act of invasion of the central line; (d) discovered that the police officer belonging to the G District of the East Sea Police Station G District in the East Sea, who was carrying out patrol was in violation of traffic statutes; and (c) refused to comply with the request of the exposed police officer for the measurement of alcohol; and (d) committed an act of assaulting the I, who was requested to take a measurement of alcohol again, by taking the following instructions: (a) 1, who was in charge of the measurement of alcohol again; and (b) 1

As a result, the defendant interfered with legitimate execution of duties of police officers on drinking measurement.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of I;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (verification of repeated crimes of a suspect), and copies of judgment;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes has the record of being punished once for drunk driving, and accordingly, the defendant is re-driving during the period of repeated crime.

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