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(영문) 수원지방법원 여주지원 2017.03.15 2016고단1314

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2016, the Defendant was demanded to take a measurement of drinking by E, a police box belonging to the police station D, who was called out after receiving 112 reports that the vehicle was absent on the road front of the c regularly located in Tonju-si B on October 22, 2016.

Defendant: (a) was under the influence of alcohol to require the foregoing E to take a drinking test; (b) was breathly, the right knee part of E, the right kne part of the left chest part of the drinking, and the left buck part of the buckbucking one time, etc.; and (c) assaulted the part of the left kne part of the said E, under the influence of alcohol, even after being accompanied by a police box around 22:15 on the same day.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. The defendant has driven a motor vehicle while under the influence of alcohol, such as a string distance, when she snicks, snicks, red, and speaks at the same time as the description in paragraph (1).

If there are reasonable grounds to determine a person, he/she was requested from 22:22 to 22:42 to respond to the measurement of drinking by inserting the police box D in the manner of inserting the police box E belonging to the Innju Police Station D and the slopingF three times from the slopeF, but he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A report on detection of the driver involved in the primary business and a report on the circumstances of the driver involved in the primary business;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

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

1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;