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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단2194

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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. Around 08:00 on June 3, 2016, the Defendant was under the influence of alcohol with approximately 10km of 0.216% of the blood alcohol concentration from the 10km section to the G road located in the same Gu as the Defendant’s workplace, following the E located in the same Gu and located in the same Gu as the Defendant’s workplace.

2. On June 3, 2016, the Defendant rejected a request from the Victim K (34 years of age) who was a police officer belonging to the J district unit in the Yongsan-gu Police Station Jansan, which called the victim's chest to comply with a drinking test after receiving I's 112 report after driving the vehicle in front of the Sinsan-dong-gu, Sinsan-gu, Gyeonggi-do, as described in paragraph (1), and tried the victim to take two tights of the victim's chest on his/her hand, and to take two tights of the victim's back at one time as he/she drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

【Violation of the Road Traffic Act】

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the statement of the state of drinking drivers;

1. Investigation report (verification of Driving Distance) (as to the obstruction of performance of official duties)

1. Second police interrogation protocol against the accused;

1. Each statement of K;

1. Investigation report (L telephone communications);

1. Viewing on-site video CDs and recycling results [In light of the above evidence, it is sufficiently recognized that the Defendant used the Defendant’s chests of police officers K in performing official duties at two times, and the back-to-door price and assaulted at the back-to-date price] statutory application

1. Relevant legal provisions concerning the crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act and the choice of imprisonment for the purpose of choosing a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.