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(영문) 수원지방법원 안산지원 2020.04.29 2020고단26
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around October 22, 2019, the Defendant was driving a C-Ip car under the influence of alcohol content of about 0.110% at a section of about 2.7 km from the members B apartment parking lot of Ansan-si, Ansan-si to the front side of the “malan death distance” located in Ansan-gu, Masan-si, Masan-si.

2. On October 31, 2019, at around 23:05, the Defendant obstructed the police officer’s legitimate execution of duties concerning the investigation of drunk driving by assaulting the Defendant for the investigation of the above drinking-driving case, on the ground that E was unable to break down the patrol gate, on the ground that E was going to close the patrol gate, and thereby interfered with the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Application of the relevant Acts and subordinate statutes of photographs and photographs related to black boxes;

1. Relevant Article of the Criminal Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, etc., according to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of tangible force exercised by the damaged police officer, the defendant's primary offender, and other various sentencing conditions;

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