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(영문) 의정부지방법원 2018.04.25 2018고단429
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

. While going back to the country following the removal from the above E, he assaulted the face of F in the same region where he intended to arrest the Defendant once a week, following the removal from the above E;

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on 112, report records, appraisal report; and

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to the sentencing guidelines of the Supreme Court] : Crimes obstructing the performance of official duties, interference with the performance of official duties, one type (in the case of multiple public officials suffering damage), one year of imprisonment, one year - four years of imprisonment: Imprisonment with prison labor (in the case of setting the sentencing guidelines for crimes of violation of Road Traffic Act (dacting driving)] / [the sentencing guidelines for crimes of violation of Road Traffic Act (dacting driving)] / When the defendant drives a vehicle while driving the vehicle on the road while driving the vehicle,

In addition, it has become a food to the police officers in order to escape arrest as the drinking facts are discovered.

Although the damaged police officers do not suffer a separate injury, the defendant's behavior is highly likely to be criticized as it causes serious obstacles to the strict exercise of public authority, which is the basis of a rule of law.

However, in consideration of the fact that the defendant, who has no record of crime, supports the child alone, the execution of imprisonment shall be suspended only once.

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