beta
(영문) 수원지방법원 2016.12.14 2016고단4855

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 became final and conclusive.

Reasons

Punishment of the crime

1. On July 5, 2016, the Defendant: (a) obstructed the performance of official duties on the road in front of the “Dance Distance” located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (b) obstructed the Defendant, after receiving 112 report, who was able to drive the vehicle on the front of the “Dance Distance”; (c) obstructed the Defendant, who was seated in the driver’s seat by the border F, belonging to the Suwon-gu, Police Station E zone in the Suwon-gu, Suwon-gu, Seoul Special Metropolitan City, which was called, and was able to take a sobreath test; and (d) measured the Defendant’s smell at the Defendant’s entrance to take a sobreath level of drinking alcohol, such as drinking and a sast

In doing so, the Defendant expressed a bath to the above F while doing so, it means, “I must go to see,” “I will go to see,” “I will go to see, I will go to see,” “I will go to see, I will go to see, I will go to see, I will go to see,” “I will go to see, I will go to see,” and assault the right part of the F on one occasion by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and the crackdown on drinking driving.

2. 공용물건손상 계속하여 피고인은 제1항 기재 일시, 장소에서 음주측정을 요구하는 수원중부경찰서 E지구대 소속 F을 제1항과 같이 폭행하여, 위 F이 들고 있던 공용물건인 수배조회용 단말기(PDA)가 바닥에 떨어지자, 위 수배조회용 단말기를 발로 짓밟은 뒤 걷어찼다.

As a result, the Defendant damaged the repair cost equivalent to KRW 98,091.

3. On July 5, 2016, the Defendant violated the Road Traffic Act (Refusal to measure a drinking level) at the place specified in Paragraph (1) at around 00:27, the Defendant’s act of driving a G Alfin-do car while drinking alcohol at the above vehicle, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling the Defendant from F at the border of the Suwon Middle Police Station E-gu, the Suwon Middle Police Station E-gu, and driving under the influence of alcohol at the same place.

참조조문