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(영문) 의정부지방법원 2017.02.09 2016고단3489

공무집행방해등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2016, the Defendant: (a) assaulted the Defendant, who was requested to take a drinking test from an slope C belonging to the Namyang-gu Police Station B, Namyang-gu, the Gyeonggi-do Police Station B, which controlled the drinking of alcohol in around 1375, at around 00:05, at around the south-gu, Namyang-gu, the Namyang-gu, the South-do Police Station B, where he was in charge of the drinking of alcohol.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the request for drinking measurement by police officers.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven a motor vehicle with D low-priced pact at the same time and at the same place as above 1, while under the influence of alcohol, such as drinking alcohol and smelling to Defendant from a slope C belonging to B of the Police Station in the Southyang-gu Police Station B of the Gyeonggi-do Police Station, which driven a motor vehicle with D's drinking at the same time and place as above 2.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

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

3. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven a motor vehicle at a section of approximately 200 meters from the front day of the day-to-day road located in Pyeongtaek-dong, Hoyang-dong, Hoyang-si, Hoyang-si, Hoyang-dong, to the front day of the Dong-to-dong, without obtaining a driver’s license, at the same section of approximately 200 meters from the road.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (the confirmation report on the date the driver's license is revoked);

1. A photograph of parts of the victim's body;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 148-2 (1) 2, Article 44 (1) (a) of the Road Traffic Act concerning a crime, Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act, Article 136 (1) of the Criminal Act concerning a crime;

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 of the Criminal Act for mitigation of amount;