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(영문) 대구지방법원 2016.05.12 2016고단552
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2016, the Defendant, while under the influence of alcohol 0.110% during blood transfusion at around 0:50 on February 3, 2016, driven a cub car at D from approximately 300 meters away from the 300-meter section to the front of the C convenience store located in the 139-ro, North Gyeongdong-gun, North Gyeongdong-gun, North Gyeongdong-gun, North Gyeongdong-gun, North Korean, North Korean, North Korean, North Korean, North Korean, North Korean, North Korean, North Korean, North Korean, North Korean,

2. The Defendant was informed of the fact that he could cause the refusal of alcohol measurement by delaying time when he received a request for a measurement of drinking from the E District F in the circumstances belonging to the Gandong Police Station E District of the Gandong Police Station, on the front of the C convenience store located in the Gandong-gun, the date and time indicated in the above paragraph 1, and thereby obstructing the police officer’s legitimate execution of duties concerning the crackdown on the driving of alcohol by assaulting the F, such as a vehicle on which he displayed the above F’s face and bucks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the G production;

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

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines [the scope of the punishment for recommendation] [the scope of the recommended punishment] and the basic area (fence of performance of public duties and coercion of duties] (fence of performance of public duties in six months to one year and four months] of the sentencing guidelines;

2. Although the defendant who has been sentenced to a fine due to driving of drinking in the past, the crime of obstructing the performance of official duties is not good by assaulting a police officer who controls driving of drinking while driving of drinking in the future, although he has the record of being sentenced to a fine due to driving of drinking in the past.

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