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(영문) 서울남부지방법원 2016.08.18 2016고단2745
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2016, the Defendant driven a C non-stop vehicle under the influence of alcohol content of about 0.196% from the 3km section from the front of the mutual influorial restaurant located in the fire-fighting Dong in Gangseo-gu Seoul Metropolitan Government to the front road of Gangseo-gu Seoul Metropolitan Government.

2. The Defendant interfered with the performance of official duties at the same date and time as paragraph 1, and when he took control by driving the above drinking on the front of Gangseo-gu Seoul Police Station from D, the Defendant, without any reason, took a bath, stating, “Woo Mak Mak Mak Makkk Makkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkh, and obstructed the police officer’s legitimate performance of official duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a statement report on the situation of a driver driving and a certificate of drinking control;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the responsibility for the crime such as assaulting the control police officer as the defendant is subject to the crackdown while driving under the influence of alcohol, etc. is not weak.

The drinking volume is also high.

However, the punishment as ordered shall be determined in consideration of the fact that there is no previous conviction in addition to the punishment twice by fine, and all other circumstances, such as the motive, means and result of the crime, after the crime, etc.

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