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(영문) 대전지방법원 2018.11.14 2018고단2905
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2018 Highest 2905" on June 26, 2018, at the house of the defendant of Daejeon-dong-gu Daejeon-gu Daejeon-dong 6 Dong 407, and the defendant of "407 Gaz Gaz 107 drinks drinking at home," and the same shall apply to drinking at home.

The same shall apply to those which are booming.

“A police box affiliated with the Daejeon East Police Station C, which was called upon the report of 112, took an inquiry of the circumstances of the instant case from D, and assaulted the said D’s title by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

The defendant of "2018 Highest 3006" is engaged in driving of a motor vehicle of E highest typ.

On March 31, 2018, the Defendant driven the said vehicle in the state of drinking 0.181% of alcohol content among blood transfusions, and driven the said vehicle from the direction of the route to the right-hand side of G cafeteria in front of the G cafeteria in Daejeon-gu, Daejeon-gu, to the right-hand side of the victim H (56 years old) who was on the road following the Defendant’s vehicle due to negligence of neglecting the follow-up city under the influence of alcohol, and caused the victim to suffer injury, such as knee, and other knee-free and tensions in the part of the scar, which require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, and statement of H;

1. 112 Report processing marks, work marks, site photographs, traffic accident reports (survey reports), photographs related to accidents, reports on detection of drivers in charge of driving, inquiry of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant law of the crime, Article 136(1) of the Criminal Act of the Selection of Punishment (the interference with the performance of public duties, the selection of imprisonment), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the driving of drinking, the selection of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the selection of imprisonment without prison labor)

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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