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(영문) 수원지방법원 성남지원 2017.11.10 2017고단1999
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On May 29, 2017, the Defendant violated the Road Traffic Act (divated driving) driving Cowned Motor Vehicle under the influence of alcohol concentration of about 0.206% at a section of about 800 meters from the front of the original 170 Pungdo-ro, Sungnam-si, Sungnam-si, to the second floor parking lot of the same building.

2. On May 29, 2017, the Defendant interfered with the performance of official duties, on the second floor parking lot of the 170 Pungdo-ro, Sung-nam-si, Sung-nam-si, the second floor of the 170 Pungdo-ro, Sung-nam-si, Seoul-si, on the ground that the police officer E belonging to the police station D district unit in the Gyeonggi-nam, the Defendant was required to take a drinking test to the Defendant on the ground that he is in demand for a drinking test to the Defendant.

The measurement was blished with a large interest, such as dwarfah, “hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, and

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the circumstances of driving at home, and notification of the result of regulating driving at home;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

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. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act is that the Defendant had a criminal record of a fine once due to drinking alcohol driving, the blood alcohol concentration reaches 0.206%, and the police officers dispatched after receiving a report and committing violence against the police officers, etc. are disadvantageous circumstances.

However, the defendant has no record of punishment exceeding the fine, and each of the crimes in this case.

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