(영문) 서울북부지방법원 2017.03.23 2016고단5843

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(영문) 서울북부지방법원 2017.03.23 2016고단5843

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 July 28, 2016, the Defendant driven a vehicle with alcohol level of about 7 km from the set-off road in Nowon-gu in Seoul Special Metropolitan City to the front road of the same Gu from the set-off road in Seoul Special Metropolitan City, Nowon-gu, to the front road of about 7 km.129% under the influence of alcohol level of the blood alcohol level of around 19:35.

2. On July 28, 2016, around 19:25, the Defendant: (a) received the 112 report from the Defendant’s driver’s C-A-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

At around 19:30 on the same day, the Defendant was parked in the same day of Nowon-gu in Seoul Special Metropolitan City, and the above F, which was driven by the patrol vehicle and followed the Defendant, demanded the Defendant to leave the vehicle door to the Defendant’s studs and the Defendant to leave the said car. However, the Defendant continued to drive the said car in the future, which led the said slopeF to go beyond the road on the top of the road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

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) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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 1.

참조조문

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