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(영문) 전주지방법원 2017.01.10 2016고단1252
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

(b) was demanded to respond to the measurement of drinking in such a way as to put about three times between approximately 20 minutes into the measuring instruments.

Even so, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

[2016 order 1252]

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A damaged photograph (2016 Height 1353);

1. Statement by the defendant in court;

1. Reporting on occurrence of a case of violation of traffic laws on roads;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. On-site photographs refusing to measure drinking (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a suspect A suspended sentence);

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Article 148-2(1)2 of the Road Traffic Act and the selection of imprisonment with prison labor for a 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of recommendation [the types of choice] set forth in the sentencing criteria [the scope of recommendation]; 1. Interference with the performance of official duties; 1. The basic area [the scope of recommendation] from June to April 1. There is no sentencing criteria set as to refusal to measure drinking alcohol.

2. The Defendant, who was sentenced to a suspended sentence, committed the instant crime during the suspended sentence period.

Defendant assaulted public officials and refused to comply with the demand for alcohol measurement.

In this respect, the sentence of the defendant is inevitable.

However, the defendant was committing a crime, resisting the wrongness, and deposited some money for the damaged police officers.

In addition to these circumstances, the sentencing factors as shown in the arguments, including the defendant's age, sex, family relationship, details and details of the crime, and circumstances after the crime, shall be determined as the order.

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