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(영문) 대전지방법원 2018.02.27 2017고단4658
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud by the Incheon District Court, and on October 28, 2016, the judgment became final and conclusive and conclusive on October 28, 2016.

Criminal facts

1. On October 8, 2017, the Defendant: (a) driven a C motor vehicle under the influence of alcohol with a maximum of about 1k alcohol concentration of 0.088% from a section of approximately 1k, from the road near the Johwon-gu, Suwon-gu, Suwon-gu, to the road near the Suwon-gu, Suwon-gu; and (b) the Defendant driven a C motor vehicle under the influence of alcohol with a alcohol content of 0.08%.

2. On October 8, 2017, the Defendant: (a) took a 112 report near the river in the Suwon-gu of the Suwon-gu of the Suwon-gu on the 18:33th day of October 2017; and (b) demanded the Defendant to take a alcohol test on the ground that E, from among the water sources, was at the seat of the police station D branch of the police station, the Defendant: (c) took a bath to E, “I have a bitch bit of a bitch bitch of a bitch bitch of a bitch,” and obstructed the Defendant’s legitimate performance of duties concerning the crackdown on the driving of a police official, by assaulting E, i.e., the bitch part of the bit

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer with respect to E, and written statement of E;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes on control field film CDs and control photographs;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence concerning the crime;

1. The crime of interference with the execution of official duties on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by aggravation of concurrent crimes is not only impeding the function of the state’s legal order and order, such as nullifying the exercise of legitimate public authority, but also impeding the safety of the general public. As such, an offense requiring strict punishment corresponding thereto is an offense requiring excessive punishment, and driving of alcohol is highly likely to cause harm and injury to the life or body of a high person.

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