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(영문) 의정부지방법원 2020.08.26 2020고단2482
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

[200 Highest 2482] On March 30, 2020, the Defendant collected blood before the “C Yang Chang-si Store” located in Yangju-si B, which was reported by 112 and demanded a drinking measurement by E in the circumstances belonging to the Gyeonggi-do Police Station D, which called “the volume of food parking is stopped beyond the central line,” and then moved to the “G Hospital” located in the F in Yangju-si.

On March 31, 2020, the Defendant, at around 00:44 on the road of the above hospital, assaulted the above E, by hand, by putting a bath to “CCTV sees, Chewing knife” on the back part of the E, and by tighting it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

[2020 order 3123] Around March 31, 2020, the Defendant driven a Hexton car under the influence of alcohol level of approximately 0.243% from a section of approximately 1 kilometer to the roads from the sub-speak-dong in Yangju-si to the roads in front of Yangju-si Cuk-si B.

Summary of Evidence

[200 Highest 2482]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (No. 6 No.);

1. Statement to E by the police;

1. E statements;

1. photographs of damage, internal investigation reports (on the spot and the verification of suspected vehicles), internal investigation reports (the 112-report processing table), 112-report handling table, investigation reports (the analysis of CCTV in the G Hospital-Saly-Saly-Saly-Saly-Saly-Saly-) [200-Ma3123] Defendant's written consent to and confirmation of collection of police suspect's interrogation records on the accused in his/her court statement

1. Requests for appraisal, requests for appraisal, and application of Acts and subordinate statutes of the written appraisal of blood alcohol;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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