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(영문) 서울남부지방법원 2014.11.27 2014고단3742
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. On August 23, 2014, the Defendant driven a DNA car with a blood alcohol content of about 0.108% from the 1 Km section from the 7-dong apartment complex front to the oil station in the same Gu located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul to the roads in front of the gas station in the same Gu, around 09:07.

2. On August 23, 2014, at around 09:10, the Defendant used a 112-report that a driver was locked by stopping a car in front of the gas station located in Yangcheon-gu Seoul at the center of the intersection at the intersection, and took a bath, such as “I am under the influence of drinking control, I am under the influence of drinking control from F in the circumstances belonging to the Seoul Yangyang Police Station E District, Seoul, which called “I am under the influence of drinking, but I am under the influence of drinking, I am under the influence of drinking. I am under the influence of drinking control.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A report on the actual state of the driver;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of imprisonment, and the choice of each sentence;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act include three times of the violation of the Road Traffic Act (driving under the influence of sound driving) and one time of the obstruction of performance of official duties, the criminal liability for each of the crimes of this case is not weak in light of the fact that the defendant is recognized and against all of the crimes, there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, and all of the sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime are considered.

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