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(영문) 수원지방법원 안산지원 2017.01.20 2016고단4430
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant: (a) driven a Cystren motor vehicle under the influence of alcohol of about 0.090% of alcohol content from the 4km section of approximately 194 meters from the 194th road to the 2nd road of the same Sin-gu, Ansan-si, Ansan-si; (b) on October 25, 2016, in the state of under the influence of alcohol of 0.090%.

2. The Defendant interfered with the performance of official duties on the same day, after driving alcohol on the front road B in front of the 03:00 on the same day on the same day and receiving a report from the head E and F of the police box affiliated with the police box of the Gamsan Police Station, which was called out in the game, and was measured by 0.090% of alcohol concentration in the blood.

Other methods: Doz.

"To leave the site" and to leave the site, I tried to board the car above.

Accordingly, E/F’s removal of the Defendant, and the Defendant expressed his desire to “I am off and throw off h. clothes” on the part of the Defendant, and assaulted F’s chests in a drinking, with his hand, so far as I am by force.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act shall be considered as having no basic area (at least 6 months, minimum limit of application) (at least 6 months, minimum limit of application) (the decision of sentencing] (the decision of sentencing is the first offender), reflects the fact that there is a family member to support.

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