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(영문) 대구지방법원 2019.01.11 2018고단5153
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 18, 2018, the Defendant interfered with the performance of official duties, around 21:35, the building C of the building B of the building B of the Daegu-gu, Daegu-si, and received a report from 112 that the Defendant would have been suspected of driving alcohol, and obstructed a police officer’s legitimate performance of duties regarding the handling of the report case of the building B of the building B of the building B of the building B of the building B of the building B of the building B of the Gangwon-gu, and attempted to verify the circumstances of E belonging to the D District Unit of the police station of the building site.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant, on October 18, 2018, driven a F rocketing car at a restaurant located in the Daegu Northern-dong, Daegu Northern-gu, by drinking alcohol to the roads front of the Daegu Northern-gu B apartment, Daegu-gu, and was arrested by the police officer on the ground of the foregoing reason and arrested him from the police officer dispatched for the foregoing reason, and there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol in the D Zone of the Daegu North Korean Police Station located in Daegu-gu, Daegu-gu, Daegu-gu, and the Defendant did not comply with the alcohol measurement by means of injecting the drinking measuring machine three times from around 21:45 to 22:04 of the same day from around 21:04 on the same day, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act for the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is very poor, the defendant reflects the crime of this case, the defendant's prior convictions, the circumstances E want to take the defendant's wife, and other age, character, character, environment, and environment of the defendant.

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