beta
(영문) 광주지방법원 2014.11.27 2014고단3383

공무집행방해등

Text

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

except that 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. 공무집행방해 피고인은 2014. 6. 10. 1:02경 광주 광산구 D에 있는 E중학교 앞 도로에서 F 렉스턴 승용차의 후미부분을 인도 위에 걸치고 시동을 켠 채로 운전석에 누워 잠을 자고 있었다.

The Defendant, who was dispatched after receiving a report 112, tried to confirm whether the Defendant was drunkly driven by H from the position of the G District in the Gwangju Mine Police Station G District, and assaulted the above H’s chest face 2 times and face on the inside part of the above H, by pointing out that the sush sub sub sub, and the mine district walk walk walk walk, but the walk walk walk walk walk walk walk walk walk walk walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. On June 10, 2014, the Defendant was arrested in the act of obstruction of the performance of official duties, such as the above paragraph (1), at the G District Office located in Gwangju Mine-gu Office, Gwangju, and was required to comply with the alcohol alcohol measurement for about 40 minutes on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, etc., from the slopeJ affiliated with the G District District, and thus, he was under the influence of alcohol for about 40 minutes.

Nevertheless, the Defendant was driving in Haba on behalf of Haba and instead of Habba. The Defendant merely stated that Habba public officials would do so, and that Maba Mab Mabb Mabb,” but did not comply with a police officer’s request for a drinking test without good cause by avoiding this.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Notification of the results of drinking driving control, and the application of Acts and subordinate statutes reporting investigation;

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

1. Discretionary mitigation Criminal Act;