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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1303
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2015, the Defendant was driving a 500-meter D rocketing car from the front of a restaurant with alcohol level of 0.168% at the port under the influence of alcohol level on November 23:40, 2015 to the front of “C Child Care Center” located in the same Gu B.

2. On November 2, 2015, the Defendant obstructed the performance of official duties, at the vicinity of “C Child Care Center” located in the north-gu, Northern-si, B, and was discovered to the police officers belonging to the North Korean Coast Guard, and was arrested as a flagrant offender in violation of the Road Traffic Act (driving of alcohol), and was transferred to the E box.

Defendant’s Month

3. At a police box around 00:18, a police officer, who was engaged in the duty of organizing traffic control documents to regulate drinking and so on, that he was found to have violated the traffic laws (drinking driving) as above, stated that the police officer “the police officer sent this dog and sprinking to be sprinked,” and that the police officer assigned to the E police box would have taken the Defendant one time to take the Defendant’s sprink to be sprinked to be sprinked to be sprinked.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act that prescribes the punishment for committing a crime (the point of obstructing the performance of official duties, the choice of imprisonment), and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated up to the extent that the sum of the long-term punishments of two crimes determined by the obstruction of execution of duties heavier than the punishment, is added: Provided, That the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant is driving under the influence of alcohol.

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