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(영문) 대구지방법원 김천지원 2016.05.18 2016고단317
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2016, the Defendant: (a) driven a B-learning car under the influence of alcohol content of 0.069% during blood while under the influence of alcohol content from the beginning of the beginning of the 6-1 (Jon-dong), Jin-si, Seoul Special Metropolitan City on March 11, 2016, to the beginning of the beginning of the 6-1 (Jon-dong), Jin-dong, Seoul Special Metropolitan City on March 11, 2016.

2. Interference in the performance of official duties, injury the Defendant: (a) deemed the Defendant, who was suspected of driving under drinking in front of the building C at the time of the Gu and America, at around 10:35 on the same day; and (b) deemed that E, a police box D police box at the Gu and the police box at the Gu and the police box at the police station of the U.S., had the Defendant take a drinking test; (c)

D. The above D police box, which tried to measure drinking, was 3 to 100 p.m. and 2 to the right side of the left side. The above D police box was 3 to 100 p.m. and the left side was 2 to the right side of the F(48).

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the crackdown on driving of alcohol, and inflicted bodily injury on the victim F, such as the thring of the bridge, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A medical certificate;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to report internal investigation (in the field, etc., investigation of witnesses of the case obstructing the performance of official duties);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injuring an injury), and Article 148-2 (2) 3 of the Road Traffic Act concerning facts constituting an offense (the point of driving alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. In light of the reasoning for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as set forth below), the Defendant is driving alcohol while under the influence of alcohol, and used violence against police officers who request a measurement of drinking alcohol.

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