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(영문) 창원지방법원 진주지원 2017.08.04 2017고단265
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

On September 9, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) from the Changwon District Court's Jinju branch, and a summary order of KRW 2,00,000 as a fine in the same court on August 29, 2013, respectively.

1. On March 13, 2017, the Defendant violated the Road Traffic Act (drinking) and the provision prohibiting driving of alcohol twice or more as above, and driven a B SP car owned by the Defendant, which was not covered by mandatory insurance, under the influence of alcohol content of about 0.171% at the 60-meter section from the Do of the Do of the Do of the Do of the Do of the Do of the Jinnam-gu of the Gyeongnam-gu of the Gyeongnam-gu of the Do of the Do of the Do of the Do of the Do of the Republic of Korea to the front roads of the Do of the Do of the Do of the Do

2. The Defendant obstructed the performance of official duties at the above date, at the above place, and at the above time, the Defendant used a cell phone used by the Jindo Police Station C District D, which was under the influence of drinking, to take a drinking-free, and was asked to get the driver to take a bath at a large level, and committed assault, such as facing the left side of the D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. D's photograph, mobile device photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into information on non- mandatory insurance policy;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order of the same kind of force);

1. Article 46 (2) 2, Article 8 of the Guarantee of Automobile Compensation Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and Article 136 (1) of the Criminal Act, concerning facts constituting an offense;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the most punishment) of the Criminal Code for the aggravation of concurrent crimes.

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