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(영문) 부산지방법원 2015.04.22 2015고단241
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 04:02 on December 17, 2014, the Defendant driven CK5 vehicle under the influence of alcohol with a maximum of approximately 7km from the 7km section from the Yadong-dong, Busan, to the underground parking lot of the building B in Busan, with a maximum of 0.192% alcohol concentration.

2. At around 04:40 on December 17, 2014, the Defendant: (a) expressed the Defendant’s identification card at the underground parking lot of the building B in Busan, the Defendant used the victim E (ma, 49 years of age), the Inspector of the F, the assistant victim F (ma, 40 years of age) to show his/her identification card in order to measure drinking; (b) expressed the Defendant’s identification card on his/her hand, and assaulted the Victim E’s flat, and the victim F, by using his/her horse flat, with his/her horse flatt.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crackdown on drinking by the victims who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to notification as a result of investigation reports, reports on the circumstantial statements of a drinking driver, and drinking control;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the lower limit shall be sentenced to the punishment determined for the crime of violating the Road Traffic Act by drinking driving);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Sentencing Criteria for the crime of obstruction of performance of official duties [Determination of Punishment], Category 1 (Compulsory Obstruction of Performance of Official Duties/Performance of Duties): Reduction element of the basic area (Special Aggravation of Punishment): In cases where the degree of assault is minor, increase element: multiple public officials who have suffered damage (the scope of punishment of recommendations) shall be sentenced to imprisonment with prison labor from June to April 2.

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