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(영문) 창원지방법원 통영지원 2017.01.10 2016고단1727
공무집행방해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 8, 2016, the Defendants jointly committed the crime of the Defendants: (a) 00:05 on the road of “E” located in D when Defendant A driven a vehicle under the influence of alcohol; (b) Defendant A was required to take a drinking test by regulating the vehicle to G with a policeman belonging to the G of the F District in the macro-gu Police Station, which was under the influence of alcohol; (c) Defendant A: (d) streke the floor by putting the paper cup containing water into hand; (d) strekeing water in the water through the water flow; (e) strekeing water in the water course; (e) strekeing the water in the water course; and (e) strekeing the external part of G; and (e) strekeing the body of the Defendant; and (e) Defendant B strekeed the body of his body to prevent the Defendant from drinking alcohol; and (e) Defendant A’s s strekeing the body of his body, etc.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. On October 7, 2016, Defendant A driven H vehicles under the influence of alcohol content of about 0.132% from the blood alcohol level at approximately 50 meters to the front of the “Ekbook” restaurant at the Seo-gu Manpo-dong “Man-dong Man-dong” restaurant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G and I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to notify the results of controlling driving of victimized police officers and drinking;

1. The Defendants of relevant legal provisions pertaining to criminal facts: Articles 136(1) and 30 (a) of the Criminal Act; Defendant A who is sentenced to imprisonment: Articles 148-2(2)2 and 44(1) of the Road Traffic Act; Articles 148-2(2)2 and 44(1) of the Road Traffic Act; Articles 136(1) and 30 (a) of the same Act; the choice of imprisonment;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (the fact that there is no past record of the punishment for a suspended sentence or more) is against the Defendants;

for the purpose of this chapter.

1. Defendants of the community service order: on the grounds of Article 62-2 or more of the Criminal Act.

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