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(영문) 수원지방법원 안산지원 2015.03.10 2015고단37
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 01:45 on January 4, 2015, the Defendant driven a D low-speed car with a blood alcohol content of at least 0.141% in front of the 17th bank, from the public parking lot near the Ansan-si, Ansan-si, a member of the art university in Ansan-si to the art university in the city near the Ansan-si, an Ansan-si, an Ansan-si, a 57-9 Sinsan-si.

2. On January 4, 2015, the Defendant: (a) discovered the details of fines and charges at the Fabstation of the Ansan-gu Police Station of the Ansan-gu Police Station of the Ansan-si, Ansan-si; and (b) was investigated by the fact that he driven under the influence of alcohol, such as the preceding paragraph.

The Defendant, who prepared documents related to drinking and fine taking, took a bath to the chief of the police box of the Ansan-gu Police Station, who belongs to the police box of the Ansan-gu Police Station, and assaulted the victim's face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Police seizure records;

1. Photographs of seized articles, notification of the results of the drinking driving control, and application of statutes of the field CCTV photographs (No. 15);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc.: A favorable circumstance such as the defendant's life under confinement for not less than two months, where the criminal records related to violence are three times (two times a suspended sentence of execution of imprisonment, two times a fine) and the records of drinking driving are two times, and where it was discovered that he was driven under the state of drinking alcohol concentration of 0.141%, and the case of the crime of this case where the police officer, who is based on the ground, was living in prison:

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