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(영문) 제주지방법원 2016.07.06 2016고단789
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 5, 2016, the Defendant driven a B-hand motor vehicle with alcohol content of about 0.138% in the section of about 1k from 11m alcohol to 05:00 on the same day, at around 04:58, the Defendant, in a state of alcohol alcohol alcohol level of about 0.138%.

2. The Defendant interfered with the performance of official duties, on the ground that the Defendant moved the said vehicle to the front door of the C Zone, on the ground that the Defendant was under the influence of alcohol while setting up the said vehicle on a road along the malithy or the 2nd line of the street set up the said vehicle at the time of a day set forth in paragraph 1, on the ground that the Defendant moved the said vehicle to the front door of the C Zone on the ground that the policeman affiliated with the C Zone of the Jeju Western Police Station, who was dispatched to the site upon receiving a report of 112, would interfere with the flow of traffic.

At around 05:15 on the same day, the Defendant asked the Defendant to get off the vehicle in order to measure drinking, and assaulted D, such as “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (investigation, etc. of the on-site conditions) and investigation report (the reporter and telephone conversations);

1. Application of the relevant photographs, on-site photographs, alcohol measurement photographs, and photographs of suspect mobile phone calls;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are specified in the sentence, taking into account the following circumstances into account.

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