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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 23:20 on June 18, 2014, the Defendant driven a shower car, while under the influence of alcohol, from around 200 meters to about 0.109% of alcohol alcohol level, from the road in front of the Central Public Health Center located in Kimcheon-si, Kimcheon-si to the road in front of the Pakistan Island located in Kimcheon-si.
2. On June 19, 2014, around 23:20 on June 19, 2014, the Defendant appeared to have a police officer who is under the influence of drinking on the front of the Pacific Island, stopped the said vehicle, and was requested several times from E by the police officer assigned to the Kimcheon Police Station D police box, but the Defendant was not able to walk the door at around 00:20 on the same day.
피고인은 인적사항을 확인하는 과정에서 벌금 미납으로 수배된 사실이 밝혀져 위 E이 수갑을 이용하여 체포하려 하자, 이를 거부하며 발로 위 E의 낭심 부위를 1회 찼다.
Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control and suppression of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Partial statement of the police interrogation protocol of the accused;
1. Statement to E by the police;
1. A report on the actual state of the driver;
1. Application of on-site photographs and statutes governing damage photographs;
1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;
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 the sum of the long-term punishments in the above two crimes);
1. Article 62 (1) of the Criminal Act;
1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Social Service Order Criminal Act. The defendant and his/her defense counsel contact the defendant's body while the police officer was carrying the defendant on the vehicle with the defendant, thereby obstructing the performance of official duties.