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(영문) 대전지방법원 천안지원 2016.03.10 2015고단1993
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

(b) have been transferred;

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Investigation report (Attachment of a medical certificate of injury);

1. Statement report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 136 (1) and Article 257 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Punishment of Obstructing the Performance of Official Duties as indicated in the Judgment, and Punishment of Crimes of Bodily Injury;

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment determined by a heavier injury, but the lower limit shall be the same as the offense of violation of Road Traffic Act) of the aggravated punishment for concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Consideration of favorable sentencing) is not directly applicable to the crime committed in accordance with the upper concurrent relationship. However, the punishment of the crime of this case may be applied to the cases where the crime of this case interferes with the execution of official duties, which is a special aggravation of punishment, in the basic area (from April to January 6), the basic area (from January to June), the minor injury of a person who is a special mitigation (from January 1 and 4), and the interference with the execution of official duties as a special aggravation of punishment.

* The above circumstances and the decision of sentence, the violation of road traffic law (drinking driving), the defendant's criminal records (the defendant is sentenced to six months of imprisonment and two years of suspended sentence on October 22, 2014 by the Seoul Southern District Court on October 14, 2014, and the decision became final and conclusive on October 22, 2014, and is currently under suspended sentence, and the above suspended sentence is likely to be invalidated, and the above suspended sentence becomes final and conclusive), the defendant support his wife who is a disabled person and has difficulty in maintaining his/her livelihood to the extent of being a person eligible for basic living, and other circumstances such as the defendant's age, sexual behavior, and after committing the crime.

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