logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.13 2017고단5378
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on June 1, 2017, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.213% from the 30km section from the digital complex to the 144-ro, Guro-gu, Seoul, Seoul, to the 124-dong underground parking lot for the digital complex.

2. Around June 1, 2017, the Defendant obstructed the performance of official duties, at around 01:15, discovered a serious vehicle for drinking alcohol at the 124-dong underground parking lot, Nam-gu, Incheon Metropolitan City.

' 라는 112 신고를 접수하고 현장에 출동한 인천 남부 경찰서 F 파출소 소속 경찰관인 G으로부터 음주 측정 요구를 받았으나, 이를 거부하고 엘리베이터 방향으로 걸어가다가 위 G이 피고인을 제지하자 양손으로 위 G의 목 부위를 1회 때린 뒤, 옆에 있던 같은 파출소 소속 경찰관인 H의 목 부위를 손으로 1회 때리고, 순찰차에 탑승하는 과정에서 이에 저항하며 발로 위 H의 왼쪽 무릎과 위 G의 왼쪽 허벅지를 각 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. A report on detection, a report on the circumstances of driving alcohol and a register of measuring instruments for driving alcohol;

1. 112 A list of reported cases;

1. Notification of an appraisal response and the results of regulating drinking driving (blood);

1. Application of the Acts and subordinate statutes of cryphographic;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by interfering with the execution of public duties by mutual consent and by mutual consent between persons who are more severe);

1. Selection of each sentence of imprisonment;

1. The punishment for concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, [the punishment shall be aggravated for concurrent crimes resulting from a violation of the heavier execution of public duties: Provided, That the punishment shall be aggravated;

arrow