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(영문) 제주지방법원 2017.06.16 2017고단879
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

On April 3, 2017, the Defendant: (a) assaulted D on the front of Jeju Island on April 23, 2017, on the road in front of C, while driving a motor vehicle under the influence of alcohol of 0.193% of alcohol during blood, and on the ground that he was under the influence of alcohol of 0.193%, the Defendant obstructed the legitimate performance of public duties of police officials in relation to drinking control and maintenance of order by assaulting D, who are likely to keep the Defendant’s safety on the road beyond several central lines, on the ground that he was under the influence of alcohol while driving a motor vehicle on the road in front of C, and on the ground that he was under the influence of alcohol of 0.193%.

On April 3, 2017, the Defendant driven a 500-meter-E car owned in front of the 500-meter-E, from Jeju City to Jeju New Bank, as Jeju, while under the influence of alcohol content of 0.193% during blood in around 23:33 on April 3, 2017.

Summary of Evidence

"2017 Highest 879"

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (Attachment to the schedule of work place);

1. Investigation report (a copy of a written statement of criminal suspect A drinking control crime) 2017 Highest 922;

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 148-2 (2) 2 and Article 44 of the Road Traffic Act, the selection of imprisonment with prison labor;

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. Although the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes each crime, the crime of obstructing the execution of official duties in this case is very poor because the defendant, who is dissatisfied with the duty of drinking, intends to have a complaint about the crackdown on driving under the influence of alcohol, and the defendant took a bath and took violence against the police officer who prevents him from doing so for the safety of the defendant.

In addition, the defendant was punished as a crime of drinking in 2014.

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