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(영문) 수원지방법원 성남지원 2015.01.21 2014고단2865
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 of the final judgment.

Reasons

Punishment of the crime

1. Around October 22, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driving at around 23:03:03: (a) from around 2 km to around the cafeteria, the trade name of which is obscure in the calendar of Gwangju City, Gwangju City, the Defendant transpied in a about 2km section from the 2km section to the front of Gwangju City B lending Lane, and driven a XG car while under the influence of alcohol content 0.203%.

2. On October 22, 2014, around 23:25, the Defendant: (a) asked questions as to whether the Defendant was making a drunk driving from the victim D (Nam, 47 years of age), and slope E (Nam, 45 years of age) who was dispatched after receiving a report on a drunk driving on October 22, 2014; and (b) asked the victims about whether the Defendant was making a drunk driving; (c) “I did not drive any vehicle; (d) I invaded the victims without permission at the south’s house; (d) I pushed the victims by hand; (d) I am the victims; (e) I am the victim D who was requested to take a alcohol test from the victim D; and (e) I am the victim’s left-hand arms.

Accordingly, the defendant interfered with the legitimate execution of official duties of the victims who are police officers due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Notification of the result of crackdown on drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against his/her will and that he/she has no history of serving a sentence);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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