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(영문) 의정부지방법원 2020.11.27 2020고단2967
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On May 21, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on May 21, 2012, and a summary order of KRW 2 million for the same crime at the same court on October 23, 2012, respectively.

1. Around 23:06 on May 13, 2020, the Defendant driving a Fcoon car in the state of alcohol alcohol level of about 700 meters from the road in front of C in Yangyang-si, Namyang-si to the D apartment E-dong parking lot in Namyang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

2. On May 13, 2020, the Defendant of the obstruction of performance of official duties: (a) sent to the site after receiving a report from 112 on the front of the entrance of the D apartment at the Namyang-si, the Defendant 23:25, on May 13, 2020, expressed the above police officers who were subject to drinking measurement from the police officers, such as the security guards of the Namyang Police Station G police box affiliated with H and police officers I, who were called to undergo a drinking test; (b) attempted to call by the police officers of the defect in order to confirm the Defendant’s contact from the Defendant’s spouse’s J to check the Defendant’s contact; and (c) tried to call by the police officers of the defect in order to check the Defendant’s contact from the Defendant’s spouse; and (d) obstructed the Defendant by assaulting the Defendant’s left chest due to the right drinking.

Accordingly, the defendant assaulted the police officer who is a public official to perform legitimate duties concerning the handling of 112 reported cases.

Summary of Evidence

1. The police's statement of the defendant H in his court statement;

1. The circumstantial statement of the employee;

1. Report on internal history at a time as a result of the control of drinking driving (Analysis of clock image);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. The choice of each sentence of imprisonment with prison labor for the crime at issue under the corresponding Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking)

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