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(영문) 창원지방법원 진주지원 2014.06.24 2014고단411
공무집행방해등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On April 19, 2014, the Defendant driven a C flobing truck with approximately 0.145% alcohol concentration at a section of about 500 meters from the road before the day of the mutual influence, which is located in the power source width of the city of Sacheon-si, Sacheon-si, to the front road of the car sales store in the same Eup/Myeon.

2. On April 19, 2014, the Defendant engaged in obstruction of performance of official duties: (a) controlled a police officer slope E, a police officer belonging to the private police station D Zone D Zone D, in order to receive the Defendant’s vehicle, on the road in Sacheon-si Sacheon-gu, Sacheon-si, on the ground of Paragraph (1). After checking whether the Defendant’s son, who had been in the above location, drink, and attempted to hand over the car, on the ground that it would be bad, it was assaulted by the above E, on the ground that the Defendant’s son’s son, who was in the above location, would be able to go through the opening, and that he would be able to take over the knife, on the ground that it was bad.

As a result, the defendant interfered with legitimate execution of duties concerning E-driving and 112 patrol duties, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. From among concurrent crimes, the reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest sentence shall be based on the punishment prescribed for the crime of obstruction of performance of official duties, which is heavier than the punishment), shall be the case in which the defendant himself/herself commits a crime, and reflects it, and since April 2007, he/she has not driven under the influence of alcohol.

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