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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1158

공용물건손상등

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. Around 19:15 on August 14, 2013, the Defendant driven a B-in vehicle under the influence of alcohol at a section of about 2 km from the front day of the main Dong-dong, Seog-gu, Daegu to the front day of the main Dong-dong, Seogu, Seog-gu, Daegu-gu, and the front day of the Daegu-gu, Seogu.

On August 14, 2013, the Defendant was required to take a drinking test on three occasions from around 20:50 on August 2014, 201 to 21:10 on the same day, on the grounds that there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as being able to drive with heavy snow, with a large eye, red, and smelling, etc.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

2. 공무집행방해 피고인은 2013. 8. 14. 19:15경 대구 달서구 월암동 소재 구상택시 앞 도로에서 B 투산 승용차가 음주운전이 의심된다는 112신고를 접수한 대구 달서경찰서 C지구대 소속 경사 D이 신고자와 전화통화를 하면서 음주운전 차량을 쫓아가 시동을 켠 채 차량 문을 시정하고 차량 내에서 자고 있는 피고인을 발견하고 신고내용을 고지하고 음주감지기로 음주사실을 확인하려고 하자 "야 이 개새끼야. 내가 뭐 잘못 했는데. 죽인다."라고 소리치면서 발로 위 D의 가슴을 수회 걷어차고, 주먹으로 위 D의 머리를 수회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers D's drinking driving control.

3. At the date, time, time, and place mentioned in paragraph (2), the Defendant damaged the public object, by arresting the Defendant as a flagrant offender committing an obstruction of performance of official duties and raising the Defendant to board the patrol vehicle, which is an object used by public offices, such as the back door, etc. of the patrol vehicle No. 19 or 7725, which is an object used by public offices, is equivalent to 451,480 won in repairing the said patrol vehicle.

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