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(영문) 부산지방법원 2014.11.26 2014고단7713

공무집행방해등

Text

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.

Reasons

Punishment of the crime

1. On August 24, 2014, at around 08:45, the Defendant: (a) driven D vehicles on the street in front of Busanjin-gu, Busan; (b) was under investigation of a traffic accident by F of the police box affiliated with the Busan Jin-gu, Busan, which was called after having received a traffic accident report; and (c) was suspected of drinking driving, such as smelling, during the investigation of the traffic accident by the F of the police box belonging to the Busan Jin-gu, Busan; (d) the Defendant changed the 119 emergency squad to 119 police officers; and (e) while entering the said police station as an emergency room for consent medical treatment, the Defendant carried the said police officer “I am sphere in the front of the Busan Jin-gu, Busan; and (e) carried the police officer’s title “I am sphere, sphere, sphere, sphere, and sphere.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to traffic accidents.

2. On August 24, 2014, at around 09:56, the Defendant violated the Road Traffic Act (refluence to take a drinking level). On August 24, 2014, at the Dong Medical Center located in the Busan Jin-gu, Busan, the Defendant 62, odord at the time of entering the traffic accident site at the time of entering the traffic accident site, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as leaving the scene of the traffic accident by a police officer who was suspected of driving under the influence of alcohol, and making the police officer unfluencing on the street, and refusing to take a drinking level on three occasions, and accordingly refused to take a drinking level

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;

1. Relevant statutory provisions of Article 136(1) of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act and Article 44(2) of the Road Traffic Act concerning the crime, the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures and order to provide community service under Article 62-2 of the Criminal Act;