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(영문) 서울남부지방법원 2013.12.27 2013고단3030
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except 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. Around 22:10 on June 27, 2013, the Defendant driven a Cho-do car in the state of under the influence of alcohol content of about 0.17% from the 3km section from the Do in front of the 151-dong, Geumcheon-gu, Geumcheon-gu, Seoul to the Haan apartment parking lot located in the 3km-dong, Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul.

2. On June 27, 2013, the Defendant was required to take a alcohol alcohol test to a slope belonging to the Seoul Geumcheon Police Station, which is under the control of drinking driving, in a gold bridge located in Geumcheon-gu Seoul Metropolitan Government 703 additional districts around 22:10.

The above D demanded a drinking measurement by putting a drinking measuring instrument into the window of the driver's seat of the car driven by the Defendant. In response to the drinking measurement, the Defendant demanded a drinking measurement by putting the drinking measuring instrument into the window of the car driven by the Defendant. In response to the drinking measurement, the Defendant confirmed that the vehicle was “scamed” from the drinking measuring instrument and as soon as possible, the Defendant started the above vehicle as it is and assaulted the Defendant’s right hand part of the window frame of the car.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes, traffic control and prevention of danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of a traffic accident occurrence report, traffic accident detection and circumstantial report, and a certificate of measurement of drinking;

1. Relevant Article 136(1) of the Criminal Act concerning the facts constituting the crime, Article 148-2(2)2 and Article 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. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there was no previous conviction exceeding a fine, and that there

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