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(영문) 대전지방법원 2015.03.27 2015고단147
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:20 on December 27, 2014, the Defendant: (a) driven a vehicle of approximately 100 meters in the amount of CNAS 10 meters from the Do to the roads front of the same sulfur charging station in Daejeon Seosung-dong, Daejeon Pungdong, while under the influence of alcohol by 0.171% of the blood alcohol concentration; (b) around 03:20 on December 27, 2014.

2. At around 03:40 on the same day, the Defendant committed an assault, such as: (a) a person who was arrested to commit an act in violation of the Road Traffic Act (driving) and was in front of the patrol box; and (b) a person who was requested by the police officer G to get out of the patrol box at the above patrol box; (c) a person who was requested by the police officer G to get out of the patrol box at the above patrol box at around 112 patrol units before the Daejeon Police Station, located in the same district; and (d) a person who was s

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. H’s self-statement;

1. Application of Acts and subordinate statutes to copies of the report on the actual state of a driver;

1. Relevant legal provisions concerning facts constituting an offense, the choice of punishment under Article 148-2 (2) 2 of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act.

4. The reason for the sentencing of Article 62(1)(b) of the Criminal Act on the suspension of execution [the scope of recommendation] of the sentence of Article 62(1)(b) of the Act on the Suspension of Execution [the scope of punishment for the obstruction of Performance of Official Duties and the coercion of Duties] where the degree of violence, intimidation, and deception is insignificant (the person subject to special mitigation] of the mitigation area (one month to eight months), and where the degree of violence, intimidation, and deceptive scheme is minor (the sentencing criteria should be observed only when the minimum limit is observed], and it is highly likely to be subject to criticism by reregulation for eight years after the influence of drinking driving at around 2006.

Therefore, it is necessary to consider the heavy punishment, but the defendant has committed any crime, and is divided.

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