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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1399
공무집행방해등
Text

A defendant shall be punished by imprisonment 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 September 25, 2014, the Defendant of the obstruction of performance of official duties discovered that police officers belonging to the Pyeongtaek Police Station who run drinking on the front of the shot-gu third-distance road in front of the shot-gu, in front of the authenticity of Pyeongtaek-si was driving, and attempted to stop on the road in front of the same 1764-19, as the 1764-19-2 patrol vehicle was parked.

The Defendant, at his hand, attempted to comply with a drinking test by a police officer D, escaped after fasting the chest part of D, and assaulted D and E, such as tearing off, tearing off by breaking D's external part by hand, tearing off, breaking E with hand, and breaking off, which is suffering from E's item.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving.

2. On September 25, 2014, at around 00:45, the Defendant driven a Frocketing car under the influence of alcohol of about 0.105% with a blood alcohol concentration of about 4km from around 00km to around 1764-19, according to the 1764-19 front roads of Pyeongtaek-si, in the vicinity of the coal station located in Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Application of damaged photographs and on-site photographs statutes;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the 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. Probation and the crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act should be under the control of the defendant who had a single record of punishment for drunk driving.

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