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(영문) 청주지방법원 영동지원 2017.12.14 2017고단121
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 4, 2017, the Defendant, at around 17:45, driven a motor b motor bicycle under the influence of alcohol level of about 0.133% in the section of about 50 meters, from the front side of a mountain-ro of Yongsan-gun, Chungcheongbuk-gun to the front side of a mountain-ro 337 for the same face value.

2. On June 4, 2017, the Defendant: (a) committed an assault, such as: (b) the Defendant, while driving alcohol as described in paragraph (1) at the front of the mountain site located in Yongsan-do, 337, Yongsan-do, Yongsan-do, Chungcheongnam-do; (c) refused to comply with the slopingD belonging to the Police Station C police box belonging to the Chungcheongnam-do, Chungcheongnam-do; and (d) refused to comply with the request for the measurement of drinking; and (c) attempted to d’s arms and breast parts sealed back; and (d) attempted to display the hand floor toward E’s neck.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Notification of the results of crackdown on drinking;

1. One CD of on-site CCTV video data;

1. Application of Acts and subordinate statutes to photographs damaged;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to cases where a person interferes with the execution of official duties in the judgment);

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The sentencing criteria are not provided for the crime of violating the Road Traffic Act (driving) in the judgment of the application of the sentencing criteria, and the sentencing criteria do not provide a separate handling method for the crime of ordinary concurrent crimes.

2. Determination of sentence (unfavorable circumstances) each of the crimes in this case shall be the defendant.

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