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(영문) 대구지방법원 김천지원 2018.07.25 2018고단519
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 23, 2018, from around 22:00 to December 22:3, 2018, the Defendant driven C-cracking car under the influence of alcohol concentration of about 0.066% from the 1km section from around the street in the Gu-U.S. Sinsi-dong to the roads in Seoul Hahn-si located in the same Dong from around 1km to the roads in Seoul Hah-do.

2. On February 23, 2018, the Defendant obstructed the performance of special official duties, as described in paragraph 1, committed an act of drinking in front of the pertinent cruise car, which was in front of the Gu-U.S.A., while driving alcohol on the road in front of the Gu-U.S.A., as indicated in paragraph 1, and committed an assault by shocking G’s knee part, which is the front part of the pertinent cruise car, while driving alcohol at the front of the Gu-U.S.A.A. police station, which was under the influence of drinking control, and demanding a police officer G who belongs to the Gu-U.S. police stationF, and Defendant’s driver to wear and stop the front part of the pertinent cruise car.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of the Acts and subordinate statutes to the closures photographs attached to the investigation report (booms screen screen and video CD attachment);

1. Relevant legal provisions concerning criminal facts;

(a) Obstruction of special performance of official duties: Articles 144(1) and 136(1) of the Criminal Act;

(b) Drinking driving: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2(1) of the Criminal Act Article 62-2(1) of the Criminal Act (an order to provide community service or attend a lecture shall interfere with the execution of official duties.

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