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(영문) 창원지방법원 2018.03.07 2017고단4208
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

Punishment of the crime

1. On November 8, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at the public parking lot adjacent to the fish farm, which was 6-24, 365, from the Jin-gu Kim Young-si Kim, Jin-si, Kim Young-si, Kim Jong-si, Kim Jong-si, and called for a vehicle contact accident due to drinking to a citizen's report on the witness, the Defendant did not comply with the request, without justifiable grounds, even though he received a demand from C to the police box B of the annexed police station B for about 10 minutes to respond to the measurement of drinking, due to drinking, from around 10 minutes of drinking.

2. The Defendant interfered with the performance of official duties, at the same time, at the same place as stated in paragraph 1, and at the same time, at the same time, at the same place as stated in the preceding paragraph, and at the same time and place, asked C to take a drinking test for the foregoing reasons as stated in the preceding paragraph, and sound C’s chest for drinking, “I will see why I will see why I will see why I will do so,” and put C’s chest for drinking once in drinking, and brought D’s head once in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the measurement of drinking alcohol by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the police statement law to C and D

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

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

1. Imprisonment with prison labor chosen;

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 suspended execution;

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is a person who obstructs the performance of public service by adding the basic aggravated punishment for the reduction of the classification of types between August and June 1 to June 4: The amount of a recommendation of aggravated factors (large number of victims): The amount of aggravated factors (one year to four years): The amount of general sentencing in the aggravated area (one year to four years): The amount of imprisonment with prison labor for a year and April: 10 months; 2 years of suspended sentence; 40 hours; and 120 hours of community service.

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