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(영문) 대구지방법원 2018.11.29 2018고단3992
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

“D” in the Dong-gu, Daegu-gu, Daegu-gu, on August 18, 2018, the Defendant: (a) around 2018: (b) around 112, the Chief F of the police box affiliated with the police box of the Daegu-gu, Daegu-gu, where the Defendant reported that he was under the influence of alcohol and carried out; and (c) the Chief F of the police box affiliated with the police box of the police box of the Daegu-gu, Daegu-gu; (b) the Defendant was a horse, “C Y, Shoe, Sho-ri, Sho-ri, Sho

He said that he was off the clothes ofp, and assaulted F and G’s chest to the shoulder, thereby hindering police officers’ legitimate performance of duties in relation to the handling of 112 reported cases, respectively.

On September 7, 2018, the Defendant, while under the influence of alcohol at around 01:30 on September 7, 2018, the Defendant driven a H low-speed car from the mutual influent alcohol house in Daegu-ro to the 0.209% of the alcohol level during blood, from around 500 meters to the road in front of 250 days of selling the same.

Summary of Evidence

"2018 Highest 3992"

1. Statement by the defendant in court;

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

1. G statements;

1. Work days "2018 Highest 4714";

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. In full view of the circumstances below the reasons for sentencing under Article 62-2 of the Social Service and other circumstances of sentencing as well as the records, such as the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the argument of this case.

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