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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
1. On June 28, 2018, the Defendant was under the influence of alcohol content of 0.136% in blood, around 11:53, the Defendant operated his/her cruise car from the public parking lot located in the Chang-si, Chang-si, Chang-si, Chang-si, Chang-si to the same Dong to approximately KRW 700 meters in the section of the same 305-2 adjacent bridge northwest-do of the same Dong.
2. Around 12:10 on the same day as Paragraph 1, the Defendant obstructed the performance of official duties, and the Defendant committed assault, around 305-2, a 305-ro, Changwon-si, Changwon-si, Changwon-si, Changwon-si, and was driving a vehicle at the above location, and was locked after stopping the vehicle at the above location. However, upon receiving the report, the Defendant was from the police officer E to whom he was called for a alcohol test, and “this son was from the police officer despite the need to take a alcohol test.”
법대로 해 라 ”라고 욕설을 하면서 머리로 E의 이마 부위를 1회 들이받고 양 손으로 멱살을 잡고 수 차례 흔들었고, 경찰공무원 실습 생인 피해자 F(25 세 )에게 음료 페트병을 집어던지고 발로 복부를 걷어 찼다.
Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on handling 112 report and regulating drinking driving, and assaulted the victim F.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police to F and E;
1. Investigation report (Attachment of a letter of commission for E Appraisal);
1. A report on investigation (attaching photographs);
1. The application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol and make a statement under the circumstances of drivers;
1. Article 136 (1), Article 260 (1) of the Criminal Act (Interference with the performance of official duties), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the social service order: repeated crimes of the same kind (driving in violation of road traffic laws) - Circumstances favorable to him/her: A person who has led to confession of a crime, reflectivity, or suspended execution