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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1304
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 14, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law in the Port Support of the Daegu District Court, etc., and on September 1, 2009, the Defendant was sentenced to a summary order of 2 million won for a crime of violating road traffic law.

[Criminal facts]

1. On November 27, 2015, the Defendant was punished twice or more due to drinking driving, and the Defendant driven D rocketing car from around 30 meters in the direction of “C cafeteria” located in south-gu, south-gu, at the port of port from the front of a week where it is difficult to find out the trade name in the south-gu, the alcohol concentration of which is 0.146% at the time of port while under the influence of alcohol at around 21:35, Nov. 27, 2015.

2. On November 27, 2015, the Defendant obstructed the performance of official duties, on the front of the cafeteria of “C cafeteria” in south-gu, Southern-si, as prescribed in paragraph 1, was in the influence of alcohol, and was under the influence of alcohol by the police officer of the police station in the south-gu, Po-si, the Southern-gu, Police Station E-port, where he was under the influence of alcohol during the influence of alcohol, and was required to board the patrol vehicle to measure the alcohol level and the alcohol level during blood alcohol level.

When the Defendant was aware that he was 0.146% of alcohol level during his blood and that he was fluored to have the bit of bit of bit of bit of bit of fluent fluent fluent frient, on board the back seat of the patrol car parked at that place, after measuring alcohol level;

At the same time, the police officer interfered with legitimate execution of duties concerning the crackdown on drinking driving, by putting the F head into the arms of the motor vehicle, which was kept in the hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (report on the fact that he/she has been punished twice due to drinking driving);

1. Article 136(1) of the Criminal Act that applies to the relevant criminal facts and that of the choice of punishment (this shall interfere with the performance of official duties);

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