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(영문) 수원지방법원 안양지원 2019.08.29 2019고단1157
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:52 on May 29, 2019, the Defendant was driving a Dhived vehicle with a blood alcohol concentration of at least 0.183% from the underground parking lot of Sipopo-si, Mapo-si to the same ground parking lot.

2. On May 29, 2019, the Defendant: (a) 11:25 on the ground parking lot front of B apartment C, as indicated in paragraph (1) of this Article; (b) the Defendant, among the drunked in a car under the influence of alcohol, expressed the Defendant’s desire to “I wish to go to sprink, broadcast”; and (c) expressed his desire to “I wish to go to sprink, broadcast”; (d) f’s hand f’s hand f’s hand to f’s hand; and (e) f’s hand f’s hand f’s hand to f’s left hand; and (e) f’s hand f’s left hand to f’s left part; and (e) f’s hand f’s left part.

Accordingly, the defendant interfered with legitimate execution of duties on the maintenance of public peace and order and traffic control such as handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each investigation report (CCTV verification and investigation);

1. Report on the circumstantial statements of a drinking driver, and notification of the result of the regulation of running a driving;

1. Application of the CCTV closure photographs and statutes on site photographs;

1. Relevant statutory provisions concerning criminal facts, Article 136(1) of the Criminal Act’s choice of punishment, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the minimum of the punishment shall be determined by the minimum of the punishment determined for the violation of the Road Traffic Act, within the scope of the sum of the long-term punishments for two crimes];

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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

1. The scope of recommendations according to the sentencing criteria; and

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