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(영문) 수원지방법원 2017.12.13 2017고단5056
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

On November 5, 2014, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving), etc. at the Suwon Friwon method, and on July 23, 2015, the same court was sentenced to a suspended sentence of two years on July 31, 2015, which became final and conclusive on July 31, 2015.

1. On June 18, 2017, the Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) committed two or more times of drinking, was under the influence of alcohol at 02:30% of alcohol during blood, and without obtaining a motor bicycle driver’s license, operated a motor bicycle at the section of about 1km from the front of the D Beauty Station located in Suwon-gu, Suwon-si, Suwon-si, to the front of the Suwon-si E.

2. On June 18, 2017, the Defendant interfered with the performance of official duties: (a) on June 18, 2017, the Defendant: (b) was under the influence of alcohol on the front road of Suwon-si, Suwon-si; and (c) was under the influence of alcohol on the front of the road of Suwon-gu, Suwon-si; (b) the police assistant H of the police box belonging to the Suwon-gu

C. The victim's left shoulder was tightly pushed up one time by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with H on the preparation of a letter of apology;

1. A written statement prepared in the I;

1. Details of inquiries about the management of the ledger of driver's licenses, on-site photographs, and principal reports;

1. Application of an inquiry letter, copy of judgment, and copy of summary order, such as criminal history;

1. Article 136 (1) of the Criminal Act applicable to the crime (the point of obstructing the performance of official duties), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the crime;

1. The crimes under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Drinking) and the crimes under Articles 40 and 50 (Drinking) of the Road Traffic Act and the crimes under the Road Traffic Act (Drinking without a license), and the crimes under the Road Traffic Act with heavy punishment.

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