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(영문) 수원지방법원 2019.05.23 2018고단6121

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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 26, 2018, at around 22:13, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level), the Defendant was required to comply with a drinking test by inserting the vehicle into a drinking measuring instrument three times in the manner of drinking, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, slope, etc., belonging to the E zone of the Chuncheon Police Station E zone, and drinking in the same way as the passenger was in dispute with D on the street on the road at the same time.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. On August 26, 2018, on the ground that the Defendant refused to take a drinking level as above, the Defendant was arrested as a flagrant offender for the crime of violating the Road Traffic Act (e.g., refusing to take a drinking level) by the said slope G, etc. (n, 43 years of age) on August 27, 2018. On August 27, 2018, the Defendant was transferred to the Chuncheon Police Station E district unit located in Gangwon-si, Gangwon-si, Gangwon-do, Gangwon-do, Gangwon-do, the Defendant expressed his desire to “I am off one-year clothes by filing a lawsuit on human rights. The police will do so.” The Defendant used the Defendant to walk three times at the left kne, left kne, left fuck, and left bucks.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the custody of flagrant offenders and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A witness I and each legal statement in G;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and field photographs;

1. Application of CCTV and mobile phone CD-related Acts and subordinate statutes;

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. Aggravation for concurrent crimes;