logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2014.04.01 2014고단92
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 22:50 on January 28, 2014, the Defendant: (a) driven a Dribe in the state of alcohol alcohol concentration of approximately 150 meters from the front side of a bus terminal located in the original city level from the front side of the bus terminal at the original city level to the front side of the wind gate restaurant at approximately 851-1, the original city level; and (b) drive a Dribe in the state of under the influence of alcohol content of about 0.085%.

2. On January 28, 2014, the Defendant: (a) 22:57, at the front of the above restaurant, the Defendant took an inquiry as to whether the Defendant is driving a drinking driver after receiving a 112 report by an agent, and was asked by the slopeF belonging to the original police station E zone, the Defendant: (b) expressed a desire to “influence, the inside, drive a string vehicle, killed or dead; and (c) carried the f’s chest by hand, and carried the f’s chest in hand.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment (the obstruction of performance of official duties, the choice of imprisonment), and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria for crimes of obstruction of performance of official duties for which the sentencing criteria are set;

(a) Standard for the sentence and sentence [decision of the type of punishment] among the crimes of obstruction of the performance of official duties, the first category of obstruction of the performance of official duties (the coercion of obstruction of the performance of official duties/performance of duties): No aggravated element: None of the relevant factors (the scope of recommendations): Imprisonment with prison labor for not less than six months nor more than one year and four months;

(b) Criteria for the suspension of execution [main reasons for the suspension of execution] No positive: There is no negative reason for the suspension of execution [general reasons for the participation] positive: There is no serious reflectivity or a clear and negative social relation:

2. Multiple crimes;

arrow