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(영문) 광주지방법원 순천지원 2019.06.20 2019고단767
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around April 17, 2019, the Defendant was driving a Fene car under the influence of alcohol of about 0.212% without obtaining a driver’s license in the section of about 20km from the front of the “C” road in the Jeoncheon-si B to the front of the “E” road in the Jeoncheon-si, Hacheon-si, Chungcheongnam-do.

2. On April 7, 2019, at around 17:45, the Defendant: (a) reported 112 on the top of the Maart, “E” located in Bosung-gun, Bosung-gun, stating that “the drinking is dangerous to drive a person;” and (b) discovered the situation of the police officer slope H of the Bosung-gun, who called to the site, was called to the scene; (c) he returned to the scene of the above Karen Police Station Gone, while under the influence of alcohol, tried to open the door of the above Karen vehicle and start driving the vehicle; (d) the Defendant was able to stop the vehicle from the slope H with the slope, she sawed the flick, flick with the two hand, walked his her mouth one time, walked his face with his hand; and (d) when he was able to take his face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of the police officer 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 136 (1) of the Criminal Act related to the crime, Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following circumstances and the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and the circumstances surrounding the instant crime, etc., and the conditions of all the sentencing indicated in the records shall be determined as ordered.

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