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(영문) 대구지방법원 2016.06.09 2016고단639
공무집행방해등
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

1. On December 12, 2015, the Defendant, while under the influence of alcohol at around 02:00, driven a vehicle from the 6km section from the front of the convenience store where it is impossible to identify the trade name of the water basin of the Daegu Suwon-gu water basin, to the 31-1st road in Daegu-gu, Nam-gu, the alcohol level of which is 0.124%.

2. The defendant interfered with the performance of official duties, and the injured defendant committed assault, such as interfering with the police officer's face and failing the body of the above D in his hand, and interfered with the police officer's legitimate execution of duties, and at the same time, the defendant committed assault against the victim D (54 years old) for about two weeks in need of medical treatment, at the same time, when the defendant interfered with the police officer's legitimate execution of duties, and at the same time caused about two weeks in need of medical treatment to the victim D (54 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving and the application of Acts and subordinate statutes;

1. Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of a punishment under Articles 40 and 50-1 of the Criminal Act for the ordinary concurrent crimes;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant uses violence to police officers who are performing legitimate official duties after driving alcohol.

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