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(영문) 제주지방법원 2015.03.11 2015고단142
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

Punishment of the crime

1. On January 21, 2015, the Defendant interfered with the performance of official duties: (a) around 22:20, in front of the “Dros” in Jeju Island; (b) on the 112th day of the other case, a slope F of the Jeju Western Police Station Ea box affiliated with the Defendant, who was dispatched after receiving the 112 report of the other case, finds and restrains the Defendant from driving with a red face inside the Gro body car owned by the Defendant, with a string, with a string of the said F’s eroth, with a spath of the eth of the said F in his hand, and thereby interfered with the legitimate execution of duties concerning the prevention and investigation of the crime of the said F.

2. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) was requested by the above F to respond to the measurement of alcohol in a manner of inserting the breath in a breath on January 21, 2015, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as paragraph (1), and did not comply with the request, even though the Defendant continued to comply with the measurement of alcohol at around 23:0 on the same day, around 23:10 on the same day, around 23:10 on the same day, and around 23:20 on the same day, and around 23:20 on

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A copy of the usage register of drunks;

1. Application of the Acts and subordinate statutes to photographs of the details of damage inflicted by police officers who have caused damage, booms image materials to capture photographs, and photographs of non-measurement of measurement;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case is committed on the grounds of sentencing Article 62-2 of the Criminal Act.

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