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(영문) 수원지방법원 평택지원 2017.07.05 2017고단210
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2016, the Defendant was under the influence of alcohol leveling 0.190% in blood alcohol leveling from the Do adjacent to the department store in Pyeongtaek-si, Pyeongtaek-dong around 03:20 on December 14, 2016 to the Do in the same city to the Cropo in front of the Cropo in the same city.

2. On December 14, 2016, the Defendant interfered with the performance of official duties: (a) 112 reported the occurrence of a traffic accident in front of Scki in Pyeongtaek-si B; and (b) attempted to walk F to the police officer belonging to the Pyeongtaek Gyeong Police Station E box, which was in the process of verifying the personal information by having been called out at the same place; and (c) was forced to escape, and (d) she was forced to escape from the police officer belonging to the Pyeongtaek-si Police Station E box, which was in the process of checking the personal information.

The test that the width was brought up by the driver, "........... the head of the F, as a drinking, made several times the chest part of the F..

Accordingly, the defendant assaulted police officers who were performing legitimate duties concerning 112 reports and criminal investigations, thereby obstructing the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria for obstructing the performance of official duties (the scope of recommended punishment) and the mitigated area (one-month or August);

2. Determination of sentence - Determination of favorable circumstances: The degree of the instant crime is relatively low, and the degree of the instant assault is considerably high, and the degree of the instant crime is deemed to have been punished once (2016) discovered prior to the first month prior to the instant crime, while driving under the influence of alcohol.

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