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(영문) 광주지방법원 2017.04.27 2017고단800
공무집행방해등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 22:30 on February 6, 2017, the Defendant driven a CSM 5 car under the influence of alcohol content of about 300 meters from a 300-meter radius to a 0.063% alcohol level in the direction of the B apartment street.

2. Around February 6, 2017, the Defendant was demanded to take a drinking-free test on the grounds that he/she was suspected of drinking alcohol from D’s upper border E, which was under the influence of drinking in front of the three-distance apartment apartment distance in Gwangju Mine-gu, Gwangju, for the reason that he/she was under suspicion of driving alcohol.

However, the Defendant, without responding to the above demand of the injured party, escaped to the parking of the near F building in order to escape from the near F building, followed the body of the injured party by pushing the body of the injured party for about three weeks, and led the injured party to the right sprinking side of the right sprink for which treatment is necessary.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the control of drinking, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a copy of a statement on the circumstances of driving alcohol and a report on the results thereof;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 as favorable to the punishment):

1. Based on the reasoning for sentencing under Article 62-2 of the Criminal Act, all of the sentencing conditions indicated in the instant case, including the following circumstances, Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence shall be determined as stated in the text (or the ordinary concurrent crimes).

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