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(영문) 수원지방법원 안산지원 2017.07.06 2017고단1243
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 9, 2017, the Defendant was under the influence of alcohol of about 0.106% in the section of about 10km from the 10km to the 374 km-gu, Ansan-si, Incheon Cheongjin-gun, Seogjin-do, which was located 26 km-ro, 176, an extension of the bus terminal, the Defendant driven CK 3 car while under the influence of alcohol while under the influence of alcohol of about 0.106% in the section of about 10km of the bus terminal from the vicinity of the bus terminal to the road of Ansan-si, Ansan-si.

2. On April 9, 2017, the Defendant obstructed the performance of official duties: (a) on the street in front of the members of the Ansan-si, Ansan-si, the Defendant: (b) 112 reported and received a alcohol test from F, a police officer, who belongs to the police station E box in the Gyeonggi-si, Police Station E box, and received a notice of the cancellation of the license. (c) Then, the Defendant assaulted the Defendant at one time the right face of the said F, by drinking, while taking a bath for this weather, by taking a alcohol test from F, who was a police officer belonging to the police officer at the police station E box in the Gyeonggi-si, Police Station, and received a notice of the cancellation of the license.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation, traffic control, and prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Report on a traffic accident (report on actual condition), report on a traffic accident (report on actual condition), report on the circumstances of a driver who takes driving, and notification of the results of crackdown on driving under drinking;

1. Application of damaged photographs and Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of long-term punishment: Provided, That the minimum of punishment shall be determined for the crimes of violating Road Traffic Act) shall apply to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person who is subject to special sentencing] (the decision of sentence].

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