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(영문) 의정부지방법원 2016.07.22 2016고단436
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 January 13, 2016, the Defendant driven a D-wing class III truck under the influence of alcohol with approximately 0.085% alcohol level 0.085% at the front of the 36-day luxulon road located in B, which is located in the front of the luxulon road located in B, due to the influence of around 22:50 on January 13, 2016.

2. On January 13, 2016, the Defendant obstructed the performance of official duties: (a) was at the front of the Crums located in Gyeonggi-si B, Gyeonggi-si; (b) while driving a cargo while under the influence of alcohol, such as the preceding paragraph, the Defendant was at the influence of alcohol to the head of the horse belonging to the transportation department of the Gyeonggi-do Police Station, the Gyeonggi-do Police Station, which controlled drinking, and was demanded to comply with the measurement of drinking on the vehicle.

The Defendant did not respond to this, and the above E “PAD drinking, impule, impule, any impule,”

In order to continue to deviate from the field while taking a bath, such as "I am rash," it was assaulted by drinking to the left part of the above E at one time by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense; Article 148-2 subparagraph 3 of the Road Traffic Act; and Article 44 (1) (Selection of Imprisonment with labor);

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

1. The community service order under Article 62-2 of the Criminal Act;

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