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(영문) 수원지방법원 안양지원 2017.12.20 2017고단1673
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2017, the Defendant caused a traffic accident while driving under the influence of alcohol with 0.237% alcohol concentration at an exclusive lane for the Seoul direction bus located at 1001 Doh 116, a 1001, as the border water in the Manyang-si, Manyang-si, Syang-si, the Defendant: (a) was in the influence of alcohol; (b) was in the influence of alcohol at around 0.237%; and (c) was in the influence of alcohol at the time of

Finding the victim D(35) who is a police officer belonging to CJ, the police officer of CJ, conducted a drinking test to the defendant, and tried to arrest the victim in the act of violation of the Road Traffic Act (driving). The victim's neck was strokeed and strokeed with the victim's own right arms.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Unfavorable circumstances: The nature of a crime that assaults a police officer who performs the duty to arrest a flagrant offender is not somewhat weak. - The favorable circumstances: the defendant's mistake is recognized, and there is no criminal record of imprisonment without prison labor or heavier punishment;

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