공무집행방해등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On August 22, 2008, the defendant received a fine of three million won for a violation of the Road Traffic Act (refluence of the noise measurement) in the credit support of the Suwon District Court on August 2, 2008, and has been punished six times for the same violation of the Road Traffic Act.
【Criminal Facts】
1. 공무집행방해 피고인은 2016. 9. 6. 15:48경 경기 양평군 C 앞 도로에서 음주의심 교통사고 발생신고를 받고 현장에 출동한 양평경찰서 D파출소 소속 경찰공무원 E이 피고인에게 음주감지 및 측정을 요구하자 “짭새들은 약한 사람들한테는 항상 강하게 나오더라, 건수 하나 올리려고 지랄을 하는구나, 이런 씹할 놈들”이라고 욕설을 하면서 E의 가슴을 주먹으로 1회 때려 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.
2. On September 6, 2016, the Defendant: (a) was arrested and taken in custody of a flagrant offender in the act of committing the above crime at the Do police box located in the F of Gyeonggi-gun on September 16, 2016; (b) the Defendant was requested to take a drinking test on four occasions in total at around 16:19, around 16:29, around 16:39, and around 16:50, on September 16, 201, on the ground that there exist reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the flusing and smelling of alcohol, and the face was red and inaccurate; and (c) the Defendant refused to take a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on the actual status of a host driver;
1. Application of reporting Acts and subordinate statutes on the violation of the Road Traffic Act;
1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes is more severe.