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(영문) 대구지방법원 2013.07.25 2013고단3328
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 April 18, 2013, the Defendant was under the influence of alcohol at around 06:05, the Defendant driven a E-car from the Daegu Suwon-gu Ccafeteria to the D District District of the Suwon Police Station D District District under the influence of alcohol. The F police officers belonging to the D District D Zone showed the Defendant’s witness to drive, and the Defendant requested a measurement of alcohol to the Defendant on the grounds that there are reasonable grounds to recognize that the Defendant was driving in the state of drinking, such as the Defendant’s big distance and eye owing to shock, but the Defendant did not comply with the measurement of the police officer’s drinking without justifiable grounds.

2. On April 18, 2013, the Defendant of the obstruction of performance of official duties: (a) around 06:28, at the D District District District of the Suwon-gu Suwondong Police Station, the Defendant expressed a desire on several occasions to F police officers belonging to the D District District, who requested a drinking measurement, such as the preceding paragraph, “Patra, Chewing fluor, bitch bitch,” and (b) the police officers belonging to the same district group, who supported the Defendant’s drinking measurement, expressed that the Defendant “C fluore fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluord

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is the defendant's responsibility.

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