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(영문) 대전지방법원 서산지원 2020.03.18 2019고단1328
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 00:50 on December 13, 2019, the Defendant was driving a motor vehicle of Abburged E under the influence of alcohol content of about 300 meters from the front of C Bank located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front of the same military D, to a level of about 300 meters, with a blood alcohol content of 0.105%.

2. On September 14, 2019, around 21:22, 2019, the Defendant: (a) received a report from 112 and demanded the police officer belonging to the Hoan Police Station H District to hear the statement about the circumstances of the assault case at the site and to disclose personal information; (b) subsequently, the Defendant sent the said I a bath to the said I on his hand.

Accordingly, the defendant assaulted police officers I, thereby obstructing police officers' legitimate execution of duties concerning the handling of 112 reported cases, and the protection of people's lives, bodies, and property.

Summary of Evidence

[Attachment 1]

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of the control of drinking driving, and the report on the state of drinking drivers' standing statement (the second fact);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. 112 reported case handling table;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, on May 9, 2019, was sentenced to imprisonment for eight months or two years of suspension of execution on the grounds of the crime of obstruction of performance of official duties; and (b) on May 17, 2019, the said judgment became final and conclusive, and again committed the instant crime of obstruction of performance of official duties.

In addition, even though the above crime is being investigated, it causes an accident while driving a motor vehicle under the influence of alcohol by 0.105%.

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