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(영문) 인천지방법원 2016.12.14 2016고단7186
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 16:45 on October 21, 2016, the Defendant driven a DNA alcohol vehicle under the influence of alcohol content of 0.157% at the section of about 5km from the 142-lane from the underground parking lot of the Seocho-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon to the same Gu to the 88-lane distance from the back of the public health clinic.

2. On October 21, 2016, the Defendant of the obstruction of performance of official duties, around 16:50, the Incheon Gyeyang-gu Seoul Gyeyang-gu Public Health Center (16:50), sent a report to the police officer of the Incheon Gyeyang Police Station E-gu, who was sent to the scene and demanded the police officer to leave the above vehicle in order to hear the Defendant’s statement about the accident and to confirm the drinking driving, the Defendant she collected the food bread in possession of the above police officer, and she took a bath with the above G’s view while getting off the vehicle, and walked the right-hand bucks of the FF that continued to walk with the driver, and walked by assaulting the FF’s right-hand bucks of the vehicle, and walked by assaulting the FF’s left-hand bucks.

Accordingly, the defendant interfered with the investigation of 112 reports by police officers and legitimate execution of duties on public peace and maintenance of order.

Summary of Evidence

1. Statement of the Defendant’s legal statement 1.H, F, and each police statement concerning G;

1. Application of Acts and subordinate statutes to the reporting on circumstantial statements of a drinking driver, records of crackdown on drinking driving, and photographs of violence scene;

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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