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(영문) 수원지방법원 2017.06.21 2017고단1245
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2017, the Defendant was driving a B-hurbed car with alcohol content of 0.184% in front of the 6th road, e.g., 881-ro 19, Young-gu, Young-gu, Young-gu, Young-gu, Gyeonggi-do, Gyeonggi-do, G-gu, Gyeonggi-do, G-do, 201.

2. The Defendant had been under the control of drinking at the above time, at the above place, attempted to take a bath to request the head of the police station south of the Suwon-gu Police Station to take a drinking test, and attempted to leave the scene. Accordingly, the said C attempted to restrain the Defendant, and assaulted, by hand, C’s vessel once with her hand, and her flab, such as her flabing and her flabing, etc.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in preparation of a letter of apology against C;

1. Written statements prepared in D;

1. Report on the circumstances of driving at home, application of photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

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. The reason for sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances of the reason for sentencing) - The defendant, who is disadvantageous to the reason for sentencing under Article 62(1) of the Criminal Act - The defendant, while driving under the influence of alcohol, tried to leave the place of crime at will without complying with a police officer’s request for measurement of lawful drinking. The nature of the crime is bad. - The defendant’s blood alcohol concentration in the blood relative is close to the upper limit of the punishment section. - The defendant recognized all the criminal facts. - The defendant has no record of being sentenced to suspension of qualification or heavier punishment until now. The sentence as the order is made in consideration of all the kinds of sentencing conditions revealed in the trial process.

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