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(영문) 광주지방법원 순천지원 2014.07.15 2014고단476
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 12:20 on January 27, 2014, the Defendant was driving a Crocketing traffic vehicle under the influence of alcohol with 0.180% of the blood alcohol concentration on the section of 1.9km from the front of a restaurant to the malyang-si Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si.

2. At around 13:35 on January 27, 2014, the Defendant attempted to continue to drive the said CF vehicle even after the influence of alcohol caused a traffic accident that shocks the FF car driven by E while under the influence of alcohol.

Accordingly, the security guards employed at the Manyang Police Station Gtation sent out to the scene of a traffic accident and prevented the Defendant from driving, and the Defendant committed assault, such as opening the right rank by drinking three times the chest part of the above H’s chest, and opening it by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of danger and injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are contrary to the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that after being punished by a fine of five million won due to violent crime on March 2, 1999, the defendant lives faithfully without any criminal records, and the defendant's income is in a situation where he supports his mother and suffers from rare diseases, and he is in a situation where he is obliged to bear the medical expenses of his predecessors in brain death.

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