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(영문) 대구지방법원 안동지원 2015.08.11 2015고단390
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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. On June 8, 2015, the Defendant: (a) driven C cargo while under the influence of alcohol alcohol concentration of about 8 km from the nearest road of the Pungpo-si, Pungpo-si, to the front road of the same city on June 8, 2015, while under the influence of alcohol concentration of 0.194%.

2. On June 8, 2015, the Defendant of the obstruction of performance of official duties, around 20:10 on the road B prior to permanent residence, who was reported by the Defendant that the Defendant caused a traffic accident by driving under drinking conditions, as described in paragraph (1), and was requested by the police officer E of the permanent police station, to voluntarily carry out the operation of the DNA police station to a DNA police box to measure alcohol consumption by the police officer assigned to the permanent police station, the Defendant: (a) stated that the Defendant “spawn the spawn” to the police officer E; and (b) stated that the spawn the spawn and carried the spawn

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Statement prior to the driving of a motor vehicle;

1. Application of Acts and subordinate statutes to inquiry into the result of crackdown on drinking driving;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of applicable sentences under law: Six months to six years; and

2. Sentencing criteria:

A. The basic area of the obstruction of the performance of official duties (the scope of recommendations) (the scope of the obstruction of the performance of official duties and the coercion of official duties) (6 months to 1 year and 4 months) (the person who has been specially punished)

(b) The fact that the sentencing criteria are not set for the violation of the Road Traffic Act;

C. Violation of the Road Traffic Act (the sentencing criteria is not set for the crime of drinking alcohol) for not less than six months.

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