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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2015 Highest 183"
1. On March 26, 2015, the Defendant was asked the police officer to check whether the pertinent police officer was driving and driving alcohol according to the Defendant, on the street in front of K in the case of permanent residence, and on the ground that the police officer, such as the slope M in the service of the permanent police station L district L district M, is under drinking control. On March 26, 2015, the Defendant stopped the CMW car operated by the Defendant in front of the N building at a point of 50 meters in the previous 50 meters, and the Defendant was asked the police officer to check whether the Defendant was driving and driving alcohol.
이에 피고인은 공무수행중인 위 경찰관에게 “야 이 새끼야, 필요 없어.”라고 욕설을 한 후 도망가려고 도로에 뛰어들어 지나가는 택시를 잡아 탑승하려 할 때 위 경찰관이 음주운전 단속을 하기 위하여 피고인의 어깨를 잡으면서 제지하자, 발로 위 경찰관의 낭심 부위를 1회 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
2. On March 26, 2015, at around 00:35, the Defendant: (a) was arrested at a place specified in paragraph (1) on the date and time; (b) and in the process of arresting a flagrant offender under suspicion, such as paragraph (1), and boarding and carrying a seat, the Defendant damaged the police officer’s patrol car used by a public office, such as, at least 686,376 won, to repair the repair cost, by making the police officer, Qu, etc. take a bath to the effect that “the breath shall be discarded off.”
around 00:25 on March 26, 2015, the Defendant driven CA car under the influence of alcohol content of about 1.5 km from around 160m to the front road of the Dong Handong Bank, Handong-dong-dong-dong-dong-dong-si, Do-ro, 160 to 0.164m of blood alcohol content.
Summary of Evidence
1. Each legal statement of witness M and Q;
1. Examination protocol of the accused by prosecution;
1. The investigation report, investigation report (related to the attachment of a written estimate to destroy and damage a vehicle), and