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(영문) 의정부지방법원 2018.12.14 2018고단4431
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 24, 2010, the Defendant received a summary order of a fine of 2.5 million won or more for a violation of road traffic laws in support of Sungnam-gu, the method of water sources, and received a summary order of 4.5 million won or more for the same crime from the Jung-gu District Court on September 29, 2014.

1. Although Defendant 1 had been punished for driving under the influence of alcohol more than twice as above, Defendant 1 driven a DNA-type car at around 04:40 on July 19, 2018, under the influence of alcohol content of about 10 meters from the 0.158% under the influence of alcohol content to the above apartment underground parking lot, at around 04:40 on July 19, 2018.

2. The Defendant obstructed the performance of official duties, at the time of the day set forth in paragraph 1, committed assault by the Defendant, i.e., the Defendant, who was dispatched to the scene after having received a report on the existence of a drinking vehicle in front of the apartment B apartment C, and demanded the Defendant to measure alcohol, such as that he did not immediately treat the same bit of bitch bitch of the police officer, and that the police box would throw away the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s fm with the hand, and assaulted the above F’

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G or F;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. An investigation report (for on-site images),

1. On-site CCTV images;

1. On-site photographs;

1. Previous conviction: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the previous one and the summary order), a copy of each summary order, and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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