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A defendant shall be punished by imprisonment for one year.
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 09:50 on September 8, 2014, the Defendant driven a Fpoter truck at a section of about 600 meters from the front of the convenience store in Pyeongtaek-si B to the road front of the oil station located in D while under the influence of alcohol by 0.183% of alcohol content.
2. At around 10:10 on the same day, the Defendant damaged public objects by taking a 112 report that there was a traffic accident on the front side of the relevant E-owned station, and then, the Defendant: (a) took a bath that “I are required to take a drinking test; (b) I have taken a bath that I would have taken a drinking level; (c) I would have taken a drinking level equivalent to KRW 1.90,00,00,000 at the market price of 1.90,000,000 won.”
Accordingly, the Defendant damaged the goods used by public offices.
3. The Defendant assaulted the Defendant on the date and time, place, etc. set forth in paragraph (2) of the obstruction of performance of official duties as to the facts set forth in paragraph (2) of this Article, such as: (a) the Defendant: (b) intending to arrest the Defendant in a flagrant offender H, and threatening the Defendant to breath by drinking; and (c) the Defendant, which caused the Defendant to go beyond, committed assault, such as the Defendant’s left side buckbucks of H one time,
Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement to H and J;
1. The K's statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Damage photographs and on-site photographs;
1. Application of Acts and subordinate statutes to a written estimate for investigation reports;
1. Relevant Article of the Criminal Act and Articles 148-2(2)2 and 44(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be drinking and drinking.