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(영문) 의정부지방법원 고양지원 2016.08.11 2016고단664

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 March 8, 2016, the Defendant obstructed the performance of official duties, at the Goyang Police Station C District Office located in Gyeyang-gu, Seoyang-gu, Goyang-gu, the police officer affiliated with the said District, demanded the measurement of drinking and verification of personal information for the purpose of investigating the drinking-related investigation, and assaulted, such as breathing, breathing, smuggling, and scaming, booming, and scaming, etc. of the said D while failing to comply with the demand for measurement of drinking and drinking in mind.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

2. On March 8, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) reported to the police with the purport that he/she will drive an Eunststun motor vehicle under the influence of alcohol on the road in front of 505 at the seat of 60 o, Seoyang-gu, Seoyang-gu, 1384, as the Goyang-gu, J., the police officer belonging to the said C District group, who called to the site at the site and moved to the said C District Office for an investigation of drinking alcohol driving at around that time, and was driven under the influence of alcohol, such as smelling alcohol and snicking on the face.

Although there are reasonable grounds to determine a person who has been requested from the above D to March 9, 2016 by inserting three times a total of 36 minutes from around 23:40 on the same day to around 00:16 on March 9, 2016, to comply with the measurement of drinking, the police officer did not comply with a request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes by cutting down the C ctv video images;

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. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;