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(영문) 창원지방법원 거창지원 2016.08.17 2016고단164
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On May 3, 2016, the Defendant interfered with the performance of official duties against the police officers, such as F, etc., who discovered that he/she had driven a bMW 328i car while drunk around 18:00 on May 3, 2016, while he/she was under the influence of alcohol by a neighboring resident and at his/her own expense, he/she was forced to comply with the alcohol alcohol measurement by a policeman F, who was demanded to a policeman to comply with the alcohol alcohol measurement by him/her.

“The Domination” and the Domination of the iron agents for civil petitioners knife the head by hand and knife the F once by knife the head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

2. Around 17:45 on May 3, 2016, the Defendant driven a eMW 328i vehicle while under the influence of alcohol content of about 0.208% in a section of approximately 1.5km from the D District located in C in front of the D Apartment-gun apartment apartment located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to notify investigation reports and regulations on drinking driving;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, but the lower limit of such concurrent crimes shall be determined by the punishment determined for the violation of Road Traffic Act);

1. Reasons for sentencing under Articles 53 and 55(1)3 (i.e., circumstances favorable to the defendant) of the Criminal Act (i.e., the following circumstances) of the mitigated amount;

1. Application of the sentencing criteria;

A. Violation of the Act on the Prevention of Interference in the Execution of Official Duties [Scope of Recommendation] Suspension of the Execution of Official Duties, the mitigated area (i.e., one month or eight months) (i., one month or eight months) (i.e., a person subject to special sentencing] Punishment Non-members (a police officer F who was assaulted against the Defendant at the time of committing a crime that interferes with the performance of official duties) (i.e., the police officer F., August

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