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(영문) 대전지방법원 천안지원 2013.03.14 2013고단122
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. Around 22:00 on January 26, 2013, the Defendant driven D Poter Cargo at a section of about 5 km from the front of the Yanannam-gu C apartment parking lot in Yanananan-gu to the front of the mountain police box located in the Yanan-dong, Chungcheongnam-gu, Yan-gu, Yananan-dong, the level of alcohol content of which is 0.142% under the influence of alcohol.

2. On August 5, 2010, the Defendant was dissatisfied with the charges of obstruction of performance of official duties with the police officer who was sentenced to a fine of KRW 2 million on September 8, 2010 from the Daejeon District Court’s Branch Branch of the Daejeon District Court on September 8, 2010.

At around 23:45 on January 26, 2013, the Defendant her drinking alcohol, and called to the Dopoter, which was parked on the front road in front of the Yannam-gu, Yandong-gu, Yandong-gu, and sent a fine for obstruction of performance of official duties to her assistant G by sending it to her “the police officer of the Yadong-gu, Yannam Police Station. When drinking alcohol at this time, he/she is in the place of the Epos box, he/she would drive the freight vehicle and receive the Epos box.” On the following day, at around 01:07, the Defendant interfered with the legitimate performance of duties by a police officer who is on duty in the Republic of Korea by repeatedly speaking to the same effect.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on detection of the driver and a report on the status of the driver;

1. Photographs of vehicles and dangerous objects;

1. Details of cell phone calls used by the suspect;

1. Application of investigation reports (including details of suspect mobile telephone calls, base station location, etc.) and statutes;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments: Provided, That the lower limit shall be the same as the punishment determined for the violation of the Road Traffic Act);

1. Article 62 of the Criminal Act:

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