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(영문) 춘천지방법원 영월지원 2018.09.18 2018고단281
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 June 17, 2018, the Defendant: (a) driven a C-wing and C-Motor vehicle while under influence of alcohol with approximately 0.223% alcohol level 0.23% in a section of about 20 meters, such as repeating the transition and the transition on several occasions within the public parking lot of the Dobong-gu Seoul Special Self-Governing City, Seo-gu, Jin-gu, Seoul Special Self-Governing Province, which is in the parallel of the salary 389-1.

2. 공무집행 방해 피고인은 2018. 6. 17. 15:30 경 제 1 항 기재와 같이 음주 운전을 한 혐의로 현행범인 체포되어 강원 평창군 D에 있는 평 창경찰서 E 지구대 사무실로 인치된 후, 음주 운전 관련 수사 서류를 작성하고 있는 위 지구대 소속 경위 F에게 “ 야, 씨 발 새끼들 아, 짭새새끼들아, 너가 이러고 무사할 줄 아냐, 다 죽여 버린다.

D. Along with approximately 15 minutes of 15 minutes of '', “Written Bags and intimidation,” a computer monitor used by F in the above circumstances, and the display of documents, which led to an assault by F in line with document files.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Investigation report (related to obstructing the performance of official duties of a suspect);

1. Investigation report (Confirmation ofCCTV video recording);

1. Application of Acts and subordinate statutes to Chapter 2 of the Investigation Report (Confirmation ofCCTV Images and Storages), Chapter 10 on-site photographs, and Chapter 2 to the CCTV caps photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

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. A favorable condition, such as the fact that the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes each of the instant crimes, the circumstance F wanting to find the Defendant’s prior wife, and the Defendant.

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