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(영문) 대전지방법원 천안지원 2016.03.31 2015고단2211
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant's oral statement

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement protocol with respect to C, E, and G;

1. A medical certificate;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a drilling driver;

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

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated, but the lower limit of the punishment shall be the punishment provided for the crime of violation of the Road Traffic Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act for protection and observation, the order to attend a lecture, and the reason for sentencing under Article 62-2 of the Criminal Act for interference with the performance of official duties * In the case of interference with the performance of official duties, the sentencing guidelines to which the scope of recommendation of type 1 (in June to April) is applied in the basic area (in January to April), and in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in danger and injury prior to the occurrence of a traffic accident), the aggravated area (in August to June), and the aggravated area (in January to June), the sentencing guidelines to which the scope of recommendation of type 1 (in the case of a traffic accident) is applied in the case where the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (in the case of a driving) is heavy, the scope of final sentencing to which the above sentencing guidelines is applied on August to July 2 and July 10.

* The above sentencing guidelines and the defendant did not have any history of crime subject to punishment more severe than a fine, and in particular, the punishment is imposed in consideration of the fact that there was no record of obstructing the performance of official duties, the fact that there was an effort to pay damages, the fact that the defendant's age, sexual behavior, circumstances after the crime, etc.

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