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(영문) 대구지방법원 2013.09.04 2013고단4431
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【2013 Highest 4431】 On July 8, 2013, the Defendant expressed a desire to read “Chos, E affiliated with the D District District of the Daegu Southern Police Station, which was dispatched upon the report of a traffic accident,” “Chos, flussium, flusium, flusium, flusium, flusium, flusium, and flusium.” On the other hand, the Defendant sent a spande, flusium, flusium, and flusium, and flusium, flusium, flusium, and flusium, and flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, etc., and flusium, flusium,”

【2013 Highest 4784】 On July 8, 2013, at around 22:05, the Defendant: (a) moved into a G motor vehicle while under the influence of alcohol content of about 0.185% at approximately 50 meters from the 500m section, from the front day of the Hong Kong 2-dong, Seoul Southern-dong, Seoul-gu, to the road above the same middle East East B-dong bridge; and (b) driven the motor vehicle.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Each police statement to F and E;

1. On-site photographs 2013 highest 4784

1. Defendant's legal statement;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of obstruction of performance of official duties: Article 136 (1) of the Criminal Act;

(b) point of drinking: Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

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 (i.e., confession of a criminal act and reflection of a criminal act);

1. It shall be decided as per Disposition for the reason of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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