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(영문) 대구지방법원 김천지원 2017.01.26 2016고단1236
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] On August 12, 2016, the Defendant 1236 of 2016, the Defendant was divingd with clothes in the C parking lot located in Gumi-si B on August 12, 2016. On August 12, 2016, the Defendant was urged to return home from E and Patrol, who was called out after receiving 112 report, to the police officer affiliated with the Gumi Police Station D police box called out by the Defendant, who was urged him to return home from F.

The term "I Dora" means "I Dona," and assaulted a police officer E's face, such as displaying drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

around 02:00 on October 31, 2016, the Defendant driven a GNp motor vehicle while under the influence of alcohol with approximately 0.165% alcohol level from the 1km section of approximately 1km to the front road of the GNp motor vehicle in front of the GNp motor vehicle in the direction of around 56, the border of the city in the Gu-U.S., Si-si around 02:0 on October 31, 2016.

Summary of Evidence

"2016 Highest 1236"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the service log for a police box, and the 112 reported case handling table "2016 Height group 1752";

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Report on investigation (with regard to the details of control) and the application of photographic Acts and subordinate statutes;

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

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes concerning obstruction of the execution of heavy official duties, and the aggravation of concurrent crimes (limited to the extent of the sum of the punishments of the above two crimes): Provided, That the lowest sentence of the punishment shall be determined by the crimes concerning the violation of Road Traffic Act];

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Six months to six years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria [types].

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