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(영문) 창원지방법원 2019.01.23 2018고단3126
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 13, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) on the roads in front of the C Elementary School located in Kimhae-si B on September 15, 2018, and on the roads in front of the C Elementary School located in Kimhae-si B, the Defendant received a report from the victimized driver who suffered a vehicle contact by the Defendant, and received a demand for a total of about 20 minutes from E to the police officers belonging to the D Zone Zone Unit of the Kimhae-gu Police Station, the Defendant did not comply with the demand for a

2. At around 15:35 on the same day as the statement mentioned in paragraph (1), the Defendant: (a) took place in the foregoing place; (b) at the D Zone D District of the Kimhae Police Station, F, in order to take the Defendant’s mother-learning vehicle on the road, demanded the vehicle heat; (c) “I need not drive the vehicle inside the vehicle, she is unable to drive the vehicle;” and (d) caused the Defendant to be faced with the convenience of India by saving the F’s satis in good hands.

When the Defendant continued to demand a drinking test as above, the Defendant: (a) knee E knee E knee knee knee knee knee knee knee.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the measurement of drinking alcohol by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. The circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, internal investigation report (with respect to refusal to measure drinking), and the ledger of use of a drinking measuring instrument;

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

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 reasons for sentencing Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.

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