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(영문) 인천지방법원 2015.03.26 2015고단788

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2015, the Defendant: (a) driven the said vehicle by repeatedly repeating the operation of the said vehicle by driving the vehicle of 1 disease per week in the nearby party hall and restaurant while under the influence of drinking a half of 1 disease per week at the 497-ro, Gyeyang-gu, Gyeyang-gu, Incheon; (b) on February 11, 2015, the Defendant reported 112 to the police officers of the Incheon Gyeyang-gu traffic safety department; and (c) sent the vehicle to the said place by the police officers E. of the Incheon Gyeyang-gu.

피고인은 같은 날 03:55경 위 장소에서, 피고인의 입에서 술냄새가 나고 보행시 비틀거리는 등 술에 취한 상태에서 운전하였다고 의심할만한 상당한 이유가 있어 위 E으로부터 음주측정 요구를 받자 ‘난 음주운전을 안 했는데 경찰 새끼가 측정하려고 한다, 이 개새끼야’라고 욕을 하면서 손으로 E의 뺨을 1회 때렸고, E으로부터 재차 음주측정 요구를 받자 발로 E의 왼쪽 가슴 부위와 왼쪽 허벅지 부분을 각 1회씩 걷어찼다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the maintenance of social order such as drinking control by police officers.

2. On February 11, 2014, the Defendant requested the National Agricultural Cooperative Federation of Gyeyang-gu, Gyeyang-gu, Incheon, 497-ro, to take a alcohol measurement method by inserting the whole in a drinking measuring instrument from E at the parking lot, such as the above paragraph (1). On the same day, around 04:27, around 04:37 of the same day, around 04:4:47 of the same day, and around 04:47 of the same day, and around 04:47 of the same day, the Defendant did not comply with a police officer’s request for a alcohol measurement by the Gyeyang-gu Criminal Police Station at Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, without justifiable grounds, even though the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes, such as a report on the statement of the state of drinking drivers, and a report on the control of drinking driving;

1. Article 136 of the Criminal Act concerning the crime