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(영문) 부산지방법원 2016.08.26 2016고단3037
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 25, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court on March 25, 2008, and on January 9, 2009, the Busan District Court issued a summary order of KRW 1.5 million as a fine for the same crime.

On May 22, 2016, the Defendant driven a B-hand vehicle from around 0.125% of alcohol concentration among blood transfusions around 05:30 on May 2, 2016 to the roads near the Busan Global Recreation located in Busan-dong, Busan-do.

2. The Defendant interfered with the performance of official duties, who was requested by the Busan-do Busan-dong Busan-dong Busan-dong Busan-dong Busan-dong Busan-do Police Station and the police officer who is a public official belonging to the police to measure drinking on the roads near Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and attempted to see only once, while trying to see the Defendant’s car, and the Defendant was able to see C’s head car so far by hand. The Defendant assaulted at once the left side of the police officer who was the police officer belonging to the same

As a result, the Defendant interfered with the legitimate execution of traffic control by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

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

1. A criminal investigation report (attaching a medical opinion);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 136 (1) of the Criminal Act in relation to the facts constituting an offense (the point of obstructing the performance of official duties), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act, and the selection of imprisonment for each crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated, and the concurrent crimes shall be aggravated, as determined by the obstruction of performance of official duties in relation to the hot D, the most severe punishment: Provided, That the lowest sentence shall be governed by the punishment specified for the violation of Road Traffic Act];

1. Article 62 of the Criminal Act:

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