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(영문) 춘천지방법원 원주지원 2018.06.21 2018고단441
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 November 24, 2017, the Defendant, while under the influence of alcohol 0.134% during blood transfusion on November 24, 2017, driven a halog car at a distance of about 10 meters from the front of the “D convenience store” located in the original city C, to the front of the “F aget” located in the original city E, from around 0.134%.

2. The Defendant interfered with the performance of special official duties was demanded by I, who is a public official of the police branch of the Kuju Police Station H District Police Station, who was dispatched after receiving a 112 report prior to the above age at the time of the above day, to leave the said police officer in order to confirm drinking or not. The Defendant, while driving the said vehicle, which is a dangerous object, in the situation where the above police officer was in a position of driving seat, led the above police officer to drive the said vehicle at the front door of the police officer at around five meters in a short state, thereby obstructing the police officer’s performance of duties concerning the prevention and investigation

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1), (2), report on the circumstances of a driver driving, report on the circumstances of a driver driving at home, report on the status of a driver driving at home, and report on the results of regulating

1. The application of Acts and subordinate statutes to the investigation report (timely 21);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 144 (1) and 136 (1) of the Criminal Act, Articles 136 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, which led to a high drinking level of alcohol, and the occurrence of a contact accident that leads to the impulse of the criminal, leading the police officers dispatched upon receipt of a report to investigate and transfer the vehicles to the vehicles, etc., and led to the crimes of poor quality of the crime.

The fact that the defendant began to reflect late and later, and there is no record of criminal punishment except once a fine.

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