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(영문) 청주지방법원 제천지원 2018.06.07 2018고단81
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 3, 2018, the Defendant driven a Danland car under the influence of alcohol content of about 0.078% from the section of approximately 10km to the roads near the same city around 20:50 on the same day from the cafeteria, which is located in the 182-ro, a gold-ro 19:40,00 a.m., the Dondo car under the influence of alcohol content of about 0.078% in blood.

2. On March 3, 2018, the Defendant: (a) was asked to comply with the measurement of drinking on the roads near Dacheon-si around 20:50 on the road near Dacheon-si; (b) was asked by the police officer of the Incheon Police Station E box called “I see why she would grow why she would have come to drink, she would drink, and she would go to her if she was a police officer,” and tried to flee by her hand by keeping the chest of the above F and boarding the vehicle again; and (c) the said F would refrain from this point.

“Cathering the bat,” the victim’s bat with her hand fat, and the F was at the time of 5 to 6 times as a defective fat in order to extract the Defendant’s key.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

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. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 148-2(2)3 and 44(1) of the Criminal Act (the point of driving alcohol) concerning criminal facts, and the choice of imprisonment for each sentence;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. From 6 months to 1 year and 4 months, the term of imprisonment for the basic sphere of interfering with the execution of official duties according to the sentencing guidelines.

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