(영문) 전주지방법원 2016.12.15 2016고단1780



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.


Criminal facts

1. On September 5, 2016, the Defendant: (a) around 18:40 on September 5, 2016, on the ground that he did not handle the civil petition issues that the Defendant raised before the headquarters of the C military office located in B; (b) was a public official of the C military office where he was on duty, and (c) was under the influence of alcohol to “C military E, E, C military office, and C military office,” and (d) was under the control of G and H, a public official of D and C military office, who was a public official of D and C military office.

The Defendant, by taking the string the string, a dangerous object in the string of the said car, made intimidation by taking the strings, and by taking the strings into account to D, G, and H, and by taking a bath to “to throw away the strings.”

Accordingly, the Defendant interfered with the legitimate duty of public officials belonging to C military administration.

2. On September 19, 2016, at around 19:05, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking on the face of the police box affiliated with the Department of the International Police Station Justice K, the police box affiliated with the I Police Station Justice, and the Defendant from L, and making it possible to recognize that he was driven under the influence of alcohol.

Nevertheless, the Defendant avoided so that he was sealed by selling a drinking measuring instrument 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 officer's statement about D and G;

1. The circumstantial statement, photograph, and each investigation report (related to the attachment of photographs of dangerous articles, threats to chains);

1. Records and lists of police seizure;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Articles 144(1), 136(1), and 136(Special Obstruction of Performance of Official Duties) of the Criminal Act concerning criminal facts.