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(영문) 수원지방법원 2017.05.23 2017고단510
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 13, 2017, the Defendant: (a) driven a CNp motor vehicle under the influence of alcohol content of approximately 0.138% in the section of approximately 3.5km from the road front of the central hospital located in the jurisdiction of Suwon-si, Suwon-ro, Seoul-ro, 1035 to the road front of Samsung Samsung Samsung 3 Apartment-ro, Seoul-ro, Seoul-ro, 1035.

2. The Defendant: (a) arrested a flagrant offender at the time, time, and place specified in paragraph (1) for the foregoing reasons, and continued to take a bath and take a walk; (b) obstructed the Defendant’s performance of official duties, at around 09:15 on the same day, committed assault, such as taking the bucks of the slopeF belonging to the police station E district unit in the Suwon-gu, Suwon-gu, Police Station E District, where the Defendant was prevented from taking the bucks in order to transport the Defendant at around 09:30 on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and escort of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Notification of the results of regulating drinking driving;

1. Application of video-related Acts and subordinate statutes to damaged photographs, on-site photographs, and CCTV caps;

1. Article 148-2 (2) 2 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 Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for two crimes, but the minimum sentence shall be determined by the crimes of violation of traffic laws on roads;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided and reflected in each of the crimes in this case.

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