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(영문) 광주지방법원 2014.09.05 2014고단2626

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. On April 10, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) has been sentenced to a fine of three million won for a violation of the Road Traffic Act (driving without a license) at the Gwangju District Court on April 10, 201, and a fine of five million won on October 22, 2013 by the same court on October 22, 2013, and was sentenced to two times for a violation of the Road Traffic Act (driving without a license).

On April 12, 2014, the Defendant was under the influence of alcohol by 0.188% without obtaining a driver’s license on April 21, 2014, and operated approximately 1 km C Lasta car from the front day of the Korean-do cafeteria cafeteria located in the Southern-si in the Republic of Korea to the front day of the separate cafeteria cafeteria located in the same Eup.

2. On April 12, 2014, the Defendant voluntarily operated with a DNA box located in F in the Naju City, on April 21, 2014, in order to measure drinking and to investigate the accident, along with the police officers E, etc. belonging to the Naju Police Station that caused a traffic accident under the above drinking or military license.

At around 21:43 on April 12, 2014, the Defendant: (a) obstructed the police officer’s legitimate performance of duties concerning the investigation and maintenance of public order and security of the police officer, on the following grounds: (b) at the parking lot for the instant police box, the Defendant was removed from the G police officer of the instant police box: (c) the D police box, which was adjacent to the police officer, carried by him; (d) on the part of the police officer Company G police officer, carried his chest part of the police officer’s chest part twice by hand; and (e) on the left hand, carried his face twice in one way; and (e) obstructed the police officer’s lawful performance of duties concerning the police officer’s criminal investigation and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;