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(영문) 대전지방법원 2018.05.04 2018고단570
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who has violated the provisions concerning prohibition of drinking on two or more occasions, such as receiving a fine of one million won for a crime of violating the Road Traffic Act on April 3, 2009, and a fine of two million won or more for the same crime on August 13, 2010.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.107% during blood transfusion around 21:00 on February 13, 2018, driven a 500-meter Bren car at around the roads in front of the Gansan-gu Do in the same Do as the Fansan-gu Do cafeteria located in the Yansan-gun, Geumsan-gun.

2. The Defendant interfered with the performance of official duties was measured by C in the circumstances where the Geumsan Police Station, which regulates the driving of drinking on the roads of the ordinary church set forth in paragraph 1 above at the time of the day set forth in paragraph 1 above, and was under the influence of drinking.

As a result of the above drinking measurement, the Defendant stated that he was dissatisfied with the alcohol concentration in the blood, and that he was “I do not see in the community with the age of Nice, weather, and age,” and assaulted C by hand, such as that C’s chin level was one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement report on the situation of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and an investigation report;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the latest records of punishment for violation of road traffic laws by a defendant);

1. The relevant criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, Article 136(1) of the Criminal Act, and the selection of imprisonment, respectively, for a 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. The fact that the record of punishment due to the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act was repeated, despite the observation of protection, community service order, and order to attend lectures, was all four times in total.

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