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(영문) 대전지방법원 서산지원 2015.10.23 2015고단729
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 23:00 on July 28, 2015, the Defendant driven a e-coo vehicle under the influence of alcohol with approximately 10 meters alcohol concentration of 0.197% from the 10-meter section to the “D” convenience store located in Seosan-si, Chungcheongnam-si.

2. On July 28, 2015, the Defendant: (a) around the street of the “D” convenience store located in Chungcheongnam-si, Chungcheongnam-si; (b) requested a drinking measurement from the F District G belonging to the F District Zone of the Seosan Police Station, and police officers, and (c) caused the above police officers to take a bath, such as francing, and (d) francing, “I will know about francing. I will come to our country. I will come to our country. I will come to our country.” On his hand, the Defendant expressed the chest of the above H at one time and franced at one time with his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of the H on traffic control and the prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [Scope of Recommendation] In the case of the violation of the Road Traffic Act, where the sentencing criteria for which no person has the basic area (six months to one year and four months) (special person) is set, only the lower limit shall be taken into account.

[Determination of sentence] Although it is recognized that the defendant's mistake is against the defendant, when the control was conducted while driving under drinking, the crime is not very good by taking a bath to the control police officer and exercising violence, and it is agreed with the police officer who suffered the damage.

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