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(영문) 창원지방법원 2017.05.17 2017고단307
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. On January 23, 2017, the Defendant was driving a ENA-si car under the influence of alcohol content of about 0.141% from a section of approximately 200 meters to the “D” road located in the fishbed in Kimhae-si, Kimhae-si.

2. On January 23, 2017, the Defendant obstructed the performance of official duties on the ground that, as described in paragraph 1, the Defendant was under the influence of alcohol while driving a vehicle on the front of “D” on the road, as described in paragraph 1, and was under the influence of alcohol, the Defendant was subject to the control on the ground that the Defendant was under the influence of alcohol from a slope G belonging to the F District Zone of the F District of the Police Station in the Gyeongnam-Seoul Kimnam-gu Police Station.

In this process, G is required to measure drinking after 20 minutes since the last time of drinking made by the defendant is five minutes from the control point of time.

Upon notifying the defendant, the defendant is drinking as a fine paid by us to us, on the ground that he does not promptly cause a alcohol measurement.

“In doing the bath theory as “,” the battop and bats of G with hand, and assaulted three times by bating the bat and bats of G.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, shall be not less than ten times, and not less than five times, criminal records of violence (including the criminal records of a suspended sentence of not less than one year in October due to obstruction, etc

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