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(영문) 대구지방법원 서부지원 2018.07.12 2017고단1888
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:40 on July 16, 2017, the Defendant driven a e non-Mable car under the influence of alcohol content 0.181 percent during blood while under the influence of alcohol at approximately 2 km from the roads in front of the new father 2-1, located in the direction of the new father 9-1, which is located in the direction of the new father 9-1, the new father 2-1, which is located in the direction of the new father 9-1, to the roads in C.

2. On July 17, 2017, at around 00:05, the Defendant: (a) taken a alcohol test inside the Seongbuk-gun Police Station D, which was located in Seongbuk-gun, and confirmed as the revocation value of a driver’s license; (b) the Defendant: (c) taken a bath to the police officers belonging to the said police box to “I Y Y Y YY YY YYY YYYYY YYYYYYY YYYYYYYYYYYYYYYYYY ACTSYYYYYYYYYYYY ACTSYYYYYYY

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of drinking driving cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);

1. Application of the Acts and subordinate statutes governing the report of internal investigation (such as the details of measurement of drinking, etc.), report of internal investigation (such as the arrest of flagrant offenders), report of internal investigation (Attachment toCCTV), report of internal investigation (Attachment to a copy of the service of the D police box) and 112 report of internal investigation;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

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

1. Even though the police officer called up upon receiving a report of the wife that the reason for sentencing under Article 62-2 of the Criminal Act is likely to be driven by drinking alcohol, the defendant was found to have been driving the drinking alcohol and the police box was found to have been found. Furthermore, the defendant was in the police box.

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