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(영문) 대전지방법원 2016.10.26 2016고단2375
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

1. On June 14, 2016, the Defendant was driving a B-pon vehicle under the influence of alcohol concentration of 0.147% without obtaining a driver’s license from the front of Lel Hospital, which was located in the New Carbon Vibration in the Daejeon Seo-gu, Daejeon to the roads near the Southern Village Bus in the same Dong from around 200 meters away from the road near the Southern Village Bus in the same Dong.

2. The obstruction of performance of official duties, the Defendant discovered police officers who are under drinking control at the front time, at the time and place specified in paragraph (1), and discovered drinking at a place specified in paragraph (1), and discovered the fact of drinking, thereby obstructing police officers’ legitimate performance of duties concerning drinking control by assaulting the chest of D (20 years old), which was followed by the Defendant during the escape of the said vehicle while leaving the said vehicle on the road, at the time and at the seat of the said vehicle, and obstructing the victim’s face at the top time, and at the same time interfering with the police officers’ legitimate performance of duties concerning drinking control duties by assaulting the chest of D (20 years old), which was followed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to medical certificates of injury, victims, and photographs of damaged parts;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. The range of guidelines for sentencing of some crimes on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend lectures [the crime of obstruction of performance of official duties: Type 1 of the obstruction of official duties (the coercion of official duties).

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