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(영문) 의정부지방법원 2017.03.29 2016고단5556
공무집행방해등
Text

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

However, the execution of the above sentence 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 October 18, 2016, the Defendant: (a) under the influence of alcohol at the street at the entrance of the Dobcheon-ro, Dobcheon-ro, 139-ro, Dobcheon-ro, 2016, the Defendant assaulted the victim C (48 tax, south) against the victim’s resistance on the ground that he did not turn on the direction of right transfer, etc.; and (b) the Defendant was in possession of the Defendant at one time at the right shoulder of the victim’s right shoulder.

2. On October 18, 216, the Defendant was driving a Obba in the state of under the influence of alcohol content of 0.305% from the blood alcohol level at approximately one kilometer-si, dongbacheon-si, dongbacheon-si, 139, at the entrance of the non-permanent apartment.

3. On October 18, 2016, the Defendant obstructed the performance of official duties, at the entrance of the Dobcheon-si, Dobcheon-ro, 139-ro, the Defendant: (a) was arrested as a flagrant offender under suspicion of the violation of the Road Traffic Act (driving in Drinking) by the head of the Dobcheon-gu, Dob-gu, Dob-gun, 112, who was called out by the Defendant after receiving a 112 report on the driving of alcohol; (b) was arrested by the police officer under suspicion of the violation of the Road Traffic Act; and (c) was able to get off the 3.8 gun owned by the Dob-gu, Dob-gu, Dob-gun, Do-si, 20

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to notify the results of drinking drivers control;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 148-2(2)1, Article 44(1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of punishment) and Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment) concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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