logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.02.08 2017고단1384
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 24, 2017, the Defendant: (a) driven a Bteteme car under the influence of alcohol concentration of about 100 meters during blood alcohol level of about 0.439% from the 3rd-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) around 80,000:

2. On September 24, 2017, the Defendant obstructed the performance of official duties, as described in paragraph 1, when driving under drinking on the road in front of 119, a 15:50-day, a 119-day, in a 119-day, the Defendant assaulted D police officers affiliated with the police station C commander of the police station, who was dispatched upon receipt of 112, with the horn, by sounding the horn, and committing assaulting D, such as: (a) the flag of D’s title one time in drinking, flabing D’s body by hand; and (b) the flabing D’s body by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Relevant photographs;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The application of Acts and subordinate statutes on investigation reports (related to the attachment of black stuff images) and investigation reports (in response to requests for appraisal);

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The following circumstances for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing, such as Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the argument of this case.

arrow