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(영문) 수원지방법원 2017.08.08 2017고단1201
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. On February 26, 2017, the Defendant violated the Road Traffic Act (dacting driving) and the Road Traffic Act (dacting driving) driving a vehicle at around 13:00 on or around February 26, 2017 without obtaining a driver’s license, and driving a vehicle at a distance of about 800 meters from the road front of a mix with a mix with a mix with a low alcohol level of 0.143% under the influence of alcohol during blood.

2. The Defendant interfered with the performance of official duties at the time of the day specified in paragraph 1, sent back 84 leafs of the return 84 leafs in front of the new underground vehicular road, “in the course of the driving vehicle,” in contact with the 112 report, controlled the horse F belonging to the Eter in the Gandong Police Station E-gu of the Sungdong Police Station called to the site by drinking alcohol and driving without a license. When arrested as a current offender, the Defendant assaulted his face on one hand at one time in the course of refusal.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness G, the witness F and the H respectively legal statement;

1. A report on the situation of a driver in charge, the result of a pulmonology measurement, and a notification of the result of regulating drinking;

1. A photo of the damaged father and an optician;

1. Storage CDs in black boxes and video files containing Handphones;

1. Application of Acts and subordinate statutes to report internal investigation (112 receipt and verification of reports);

1. Relevant Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 Subparag. 2, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts, Articles 152 Subparag. 1, 43 of the Road Traffic Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. Determination as to the assertion by the accused and the defense counsel as to the assertion by the accused and the defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for each crime, but the minimum sentence shall be the punishment determined for the crime of violating the Road Traffic Act (driving));

1. The Defendant, among the facts charged in the instant case, has obstructed the performance of official duties.

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