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(영문) 의정부지방법원 2017.11.10 2017고단3174
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 24, 2017, the Defendant was under the influence of alcohol at approximately 0.181% in the section of about 500 meters, while driving a BNS Scoo-coo-coo-coo-coo-coo, under the influence of alcohol at approximately 0.181% in the direction from the front road of the 55-ro Do-ro Do-ro 1298, Jin-si, Ji Government-si, to the front road of 88-1, Jin-si.

2. On March 25, 2017, the Defendant was subject to a 1112 report in relation to the contact accident that occurred while driving under drinking, and was requested to take a alcohol test by police officers assigned to the House C of the House C of the Gu Police Station of the Council, who called out after receiving the 112 report.

The defendant does not comply with a request for the measurement of drinking and results in the operation of a passenger vehicle.

I argued that the defendant was trying to board the car driver's seat.

As the defendant was prevented from getting on the driver's seat due to the risk of driving again, the defendant assaulted D by hand, such as holding D's trees one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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