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(영문) 서울북부지방법원 2019.05.16 2019고단184
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On November 3, 2006, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on November 3, 2006, and KRW 3 million as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on September 15, 2009.

【Criminal Facts】

1. Around December 21, 2018, the Defendant driven C 125cc c. under the influence of alcohol with a blood alcohol concentration of 0.137% at the section of approximately 150 meters in front of the road in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

2. The Defendant had been asked for the measurement of drinking alcohol by police officers D belonging to the Dongdaemun-gu Seoul Police Station, who called out after receiving 112 reports on the date, time, place, etc. mentioned in paragraph (1) of the same Article, that “the person who was going beyond the influence of alcohol while driving the Lao.”

In doing so, the Defendant tried to leave the place of drinking and sprinking the police officers who want to see the same bitch bitch bitch, bitch bitch bitch, bitch bitch bitch bitch bitch,” and tried to leave the place of drinking and sprinking the police officers, and used the D’s left shoulder to restrain it twice as drinking, and d’s wing part was carried by hand once.

As a result, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. CCTV images;

1. Previous for judgment: Application of the inquiry report including criminal records, and a copy of each summary order (referring to the date of investigation records No. 85 and No. 87 of the investigation records);

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 1 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The community service order and the like;

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