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(영문) 대구지방법원 김천지원 2016.12.07 2016고단1235
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. Around 05:30 on July 25, 2016, the Defendant: (a) driven a B K7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.157% from the 6km section from the front of the apartment complex in the Dobong-gu, Nowon-gu, Seoul to the 5-day Yeng-dong, the same time from the 5-lane apartment complex; and (b) the same time from the 6km parking lot in the same city.

2. On July 25, 2016, around 05:40 on July 25, 2016, the Defendant: (a) obstructed performance of official duties, the Defendant: (b) opened the door of the studio of the scenic stude in the preceding paragraph; and (c) sent to the site after receiving 112 reports by the Defendant on the disturbance; and (d) on the ground that the Defendant cannot be arrested due to the Defendant’s failure to make any mistake of the foregoing E, the Defendant, on his hand, saying, “The Defendant would be arrested within the forum,” led the Defendant to go beyond the front left side of the said D, to tear and walk up the bridge of D with tear, and walking both sides of D.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Photographs of a damaged police officer;

1. Application of the 112 Reporting Report List, the C District Work Hours Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires the defendant to drive under the influence of alcohol, and interferes with legitimate performance of official duties by a police officer called upon receiving a 112 report, and the criminal liability is not minor in light of the content and methods of the crime, and the accused.

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