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(영문) 제주지방법원 2017.01.10 2016고단2151
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 2151] On September 11, 2016, the Defendant: (a) was a solar house located in 19-3, the 12-lane South and North 12-gil, and (b) went to the front of the same parking lot while drinking alcohol before the same parking lot, and (c) the Defendant drank for more than one hour and dysium for more than one hour.

“The police box B of the Jeju Police Station, which was dispatched after receiving a report of 112, shall be issued by C during the police box belonging to the police station B of the Jeju Police Station, with a notice of the penalty for the crime caused by a disturbance of drinking, and the above police officer shall die.

blades will be thrown away.

p. There will not be only a last time.

“At the left hand of the police officer at one time with the right hand of the police officer.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers who wear a uniform.

[2016 Highest 2794] On November 21, 2016, the Defendant driven D Poter Cargo under the influence of alcohol concentration of about 1.5 km from around 16:15 to around 514 square meters in the front of the Taecheon-gu 12-ro 19-3, Taecheon-gu, Seocheon-gu, Jeju, via the “Yan-gu Yan-ro,” which is located in the same city in the same city and in the same city and in the same city and in the same city, from around 1.5 km to the front of the “ another Poter restaurant.”

Summary of Evidence

1. The defendant's legal statement [2016 order 2151];

1. Each police statement protocol against C and E;

1. On-site photographs;

1. 112 A list of reported cases;

1. A written notification of payment of penalty for minor crime (2016 highest 2794);

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor under Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the long-term sum of punishments for each crime, and the lower limit shall be the penalty determined for a violation of Road Traffic Act);

1. Suspension of execution: Article 62(1) of the Criminal Act (the following sentencing is due.

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