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(영문) 인천지방법원 2018.04.04 2017고단9015

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 9, 2017, at around 01:15, the Defendant obstructed the performance of official duties, “A house has turned on the road, and does not occur any driver,” in front of the Nam-gu Incheon Metropolitan City B, Dong-gu B, “A house has turned on the road, and does not occur.” The Defendant interfered with the performance of official duties by the police officer’s legitimate execution of duties by: (a) having contact with 112 reports; (b) having been sent to the boundary of the Incheon Southern Police Station C District D, which was called to the site by the police officer of the Incheon Southern Police Station C, by cutting the hand, etc. on the eMW driver’s seat operated by the Defendant; (c) opening the door of the eMW vehicle operated by the Defendant; and (d) opening the door of the slopeF sent together with him; and (d) having the chest parts of the said D to restrain the Defendant one time at his left top; and (d) having been arrested as a flagrant offender, and continuing to interfere with the Defendant’s’s with the performance of official duties.

2. The Defendant was driven under the influence of alcohol, such as smelling alcohol from H at the superintendent of the Incheon Southern Police Station G Hadong-gu, Incheon, which received a request for support from the C Rab, at the same time, at the same place as the foregoing in the preceding paragraph, and 112.

On November 9, 2017, after being notified that the drinking is to be measured at around 01:25 on November 9, 2017, it was demanded to respond to the measurement of drinking by inserting the drinking measuring instruments three times at around 01:25, 01:32, and 01:37.

Nevertheless, the Defendant did not breathly put a part of a drinking measuring instrument into a short breath and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds by making a police officer’s request for a measurement of drinking without justifiable grounds, even though the Defendant had already been faced with water several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) for the crime in question, Article 148-2(1)2 and Article 44 of the Road Traffic Act.