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(영문) 수원지방법원 평택지원 2017.12.07 2017고단1551
공무집행방해등
Text

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

However, the execution of the above punishment 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 July 1, 2017, the Defendant, while under the influence of alcohol 0.154 percent in blood on July 1, 2017, operated a B tank glass vehicle in front of a restaurant located in Pyeongtaek-si and Eup located in Pyeongtaek-si, and operated a 1.5 kilometer of approximately 184 kilometers in front of the road located in the same Eup/Myeon.

2. On July 1, 2017, the Defendant discovered that a police officer, who was found to drive a drinking on the road No. 184, 38, 184, at the Pyeongtaek-si Eup, Pyeongtaek-si, and demanded a drinking measurement as above, and who was in dispute with the victim C (23 years old), taken the victim’s cell phone c (23 years old) with the victim’s boom, and committed assault by booming the victim’s breath’s breath and booming the victim’s breath by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes to photograph the images;

1. Article 136 (1) of the Criminal Act in relation to the crime (the point of obstructing the performance of official duties), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act, and the selection of imprisonment for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that there is a record of being sentenced to a fine due to the operation of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there is a family member to support, the degree and circumstance of the use of violence, and the drinking volume

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