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(영문) 대전지방법원 공주지원 2017.03.24 2017고단22
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 December 19, 2016, the Defendant violated the Road Traffic Act (divated driving) driving a BS-type car under the influence of alcohol from around 4km to about 0.185% of alcohol content in blood during the national highways, from around 32 kilometers in the national highways accounting of the Dog-si, Gongju to around 19:40 on December 19, 2016, the Defendant driven a BS-type car under the influence of alcohol.

2. On December 19, 2016, the Defendant: (a) expressed a large interest to D on the 32 national highway, which was kept in charge of the accounting of Scong-si, Scong-si on the 32th national highway; (b) on the 112th day after receiving a report on the occurrence of a traffic accident; (c) had been subject to a police officer’s slope D’s request for a alcohol alcohol measurement on one occasion; and (d) expressed a demand for replacement on the ground of the demand for replacement; and (d) expressed a great desire to D on the ground that the Defendant, who provided support to the site and the respondent, told the police officer of the E police station patrol division of the Gongju-ju, who provided the said D with a desire to take a bath to the said D, and assaulted once on the part of the lower part of the police officer’s slope F, who was within the left side of the D’s slope.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Each investigation report, report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (2), notification of the results of the control of drinking driving, the details of control, the statement on the circumstances of a driver driving, and inquiry about the results of the control of drinking driving;

1. Application of photographs (CCTV data screen), booms video CDs, and Acts and subordinate statutes on the scene of accidents;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment for the crime, and the selection of a sentence;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase 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;

1. One crime (Interference with the performance of official duties) applicable to the sentencing criteria (the scope of the recommended punishment).

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