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(영문) 수원지방법원 안양지원 2016.03.22 2015고단1681
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

1. On July 24, 2015, the Defendant: (a) driven a f-hurd-hurged vehicle with a alcohol concentration of about 10km from the front road located in C at the Gyeonggi-gu Gyeonggi-si, Gyeonggi-do, Gyeonggi-do, to the front road at around 19:30 on the same day; (b) the Defendant was under the influence of alcohol content of about 0.233% from the 10km section; and (c) the Defendant driven a F-hurged vehicle at around 19:30 on the same day.

2. On July 24, 2015, the Defendant interfered with the performance of official duties, at the Defendant’s residence located in Manan-gu Eba 302, Manan-gu, Manan-gu, Manan-gu, Maga 302 on July 24, 2015, and received a report of 112 that the Defendant was suspected of driving alcohol, and received a demand for a alcohol alcohol measurement from the head of the police station G Haan-gu, G G Hanan, the Defendant, who was dissatisfied with the Defendant’s performance of official duties, committed an assaulting the Defendant at one time, such as the Defendant’s face and left chest each of which was tightly sealed.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to investigation reports (drawing values of suspects);

1. Articles 148-2 (2) 1 and 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations according to the sentencing guidelines] - Interference with the performance of official duties - Interference with the performance of official duties - Basic area (from June to January 1) (the Special Sentencing: Violation of Road Traffic Act (Drinking Driving) without the sentencing guidelines: Multiple crime processing standards that are not set: Interference with the performance of official duties for which the sentencing guidelines are set and the sentencing guidelines are not set.

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