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(영문) 수원지방법원 성남지원 2017.04.25 2016고단2893
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2016, the Defendant was under the influence of alcohol leveling 0.135% at approximately 1.5km at the 145 km-ro speed from the front of the parking lot A, Sungnam-si, Sungnam-si, Sungnam-si, to the entrance of the 459-dong Park at approximately 1.5km-ro, Sungnam-si, the Defendant driven a Bpote-gu car under the influence of alcohol leveling 0.135% at the 1.5km-ro.

2. On August 27, 2016, the Defendant obstructed the performance of official duties, at around 07:0, at the entrance of the 459-dong Park, the Defendant was divingd while driving a B Pool car under the influence of alcohol as described in paragraph (1) at the entrance of the 459-dong Park, Seongbuk-si, Sungnam-si, as well as at the 459-dong Park, and thereafter, “A driver is playing a vehicle in the vehicle.” The police officer D, etc. belonging to the C Ra of the police station for the branch of the branch of the police station called upon receipt of a 112 report and stopped the vehicle in order to leave the said vehicle at the front and rear side of the vehicle, and the Defendant stopped the vehicle while driving the vehicle while driving the vehicle in order to leave the scene.

Then, whether the defendant was forced to take a drinking test from D after he was lowered from the above car, and why the measurement should be why the measurement should be made because he was not erroneous;

C. The face part of D was expressed at one time by hand in the sound called “Eparia.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling reports and regulating drinking driving.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to investigation reports and site photographs;

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

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 provides that the suspension of execution (i.e., that the defendant reflects the error and that there is no record of punishment exceeding the fine).

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