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(영문) 창원지방법원 마산지원 2015.06.02 2015고단285
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not less than ten months;

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 22:20 on February 17, 2015, the Defendant driven a B B B B B-be under the influence of alcohol leveling 0.106% from the 1km section of approximately 1km to the road adjacent to the 119 fire fighting boat located in the same Dong-gun, Changwon-si, Mupo-si. Simpo-si.

2. At around 22:40 on February 17, 2015, the Defendant, a police officer, who was a police officer, was under the influence of alcohol driving under the influence of alcohol driving on the 119 fire-fighting boat, which is located in the 119 fire-fighting boat in the Masan-si, Changwon-si.

The Defendant, upon the Defendant’s notification of the alcohol breath to the Defendant and the preparation of a control document, committed assault, such as “the bitch bitch bitch bitch bitch bitch bitch bitch xch xch xch xch xch xch xch bom bom bom bom bom bom bom bom bomb, and bom bom bomb off the bomb of the above police station’s slope to prevent the bomb, and bomb off the

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of damage);

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. The crime is not good by assaulting police officers performing official duties in sentencing under Article 62(1) of the Criminal Act, and the criminal defendant is also able to engage in drinking driving. However, the criminal defendant is himself.

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