logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.04.15 2015고단115
공무집행방해등
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 January 18, 2015, the Defendant was under the influence of 0.20% of blood alcohol concentration around January 18, 2015, the Defendant driven a vehicle with a volume of 2 km C Sppart in front of the art department located in the Dongcheon-dong, Dongcheon-dong, in front of the Dongcheon-dong, on the road in front of the art department located in the Dongcheon-dong, Sincheon-si.

2. At around 20:25 of the same day, the Defendant, while driving under drinking alcohol as provided in paragraph (1), was exposed to the police station guard and the DNA slope, who is a police officer belonging to the police station, while driving under the influence of alcohol and driving under the influence of alcohol on the roads of art art located in the Yellowdong on the same day and requested to take a drinking test.

Accordingly, the Defendant, even if he had already been provided with fluordy water, was fluored with drinking water, was fluored with drinking water, and the above D refused to do so, and was tightly sealed once by both hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of the above D, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to reports on internal investigation (at the time of internal investigation), reports on detection of drinking drivers, reports on the circumstantial statement of drinking drivers, blood collection reports, consent to blood collection, requests for appraisal of blood alcohol concentration, car driver's license register, vehicle accident register, response to requests for appraisal, expert opinion, and reports on detection of drinking drivers;

1. Relevant legal provisions concerning the crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), and Article 136 (1) of the Criminal Act (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest sentence shall be the punishment determined for the violation of the Road Traffic Act] among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act [the scope of recommending punishment] obstruction of performance of official duties.

arrow