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(영문) 대구지방법원 경주지원 2013.10.02 2013고단447
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 June 1, 2013, the Defendant interfered with the performance of official duties (2013dan447) (the Defendant: (a) around 22:48 on June 1, 2013, in front of the D parking lot located in C, and (b) in front of the D parking lot, and (c) the slope E called out upon receiving a report to have the Defendant returned to the Defendant; and (d) the defect in getting out of the patrol vehicle, and (e) the defect in getting out the patrol vehicle

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrol duties.

2. On July 15, 2013, at around 21:10, the Defendant driven a FK 3 car under the influence of alcohol with approximately 4km alcohol concentration of about 0.270% from the section of about 4km from the road in front of a vocational specialized school located in the Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, to the front road of the Puwon apartment located in Dongcheon-si.

Summary of Evidence

Facts No. 1

1. Statement by the defendant in court;

1. Facts under Article 1 of the Statement of Statement to E;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

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 following circumstances against the accused of the two different types of punishment under Article 62-2 of the Social Service Order Criminal Act, and the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., shall be determined by taking into account all the circumstances constituting the sentencing conditions specified in the argument of this case

The defendant's criminal records, obstruction of the execution of official duties, etc. of this case committed a violation of the Road Traffic Act without being able to do so, and the circumstances favorable to drinking water of this case are favorable: the defendant.

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