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(영문) 청주지방법원 영동지원 2014.09.11 2014고단167

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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. Around 19:05 on June 26, 2014, the Defendant driven D Poter truck without obtaining a driver’s license from approximately 5 meters from the front of the Defendant’s house located in Chungcheongbuk-gun C to the front of the GSS convenience store located in 17-1 of the same road.

2. On June 26, 2014, around GS convenience stores as indicated in paragraph (1), the Defendant committed assault by the Defendant, on his hand, at around 19:25, on the part of the GS convenience stores, on the part of the Defendant: (a) on the part of the Defendant: (b) on the part of the Young-dong Police Station E District Unit, a F, who was called out by the Defendant, with the Defendant having been reported that the music of the said cargo was serious by drinking alcohol; and (c) on the part of the Defendant, he sleeped the music by “humping the music.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of police officers' reports and crime prevention and maintenance of order.

3. Violation of the Road Traffic Act (Refusal of Drinking Measures) reported to the effect that “the Defendant has a person who drives a drinking beverage at the time and place specified in paragraph (1).” On 19:43 of the same day, the Defendant was demanded to comply with the drinking test by inserting three minutes between 23 minutes of drinking, in a manner of inserting the breath into a drinking measuring instrument three-minutes, such as smelling and smelling on the face, from the E zone at the Young-dong Police Station in Young-dong, Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Control note;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 152 Subparag. 1, Article 43, Article 148-2 (1) 2 and Article 44 of the Road Traffic Act applicable to the relevant provision of the crime and the selection of punishment for the crime;