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(영문) 대구지방법원 경주지원 2016.03.31 2015고단1000

소방기본법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Framework Act on Fire-Fighting shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc. dispatched without justifiable grounds;

On November 3, 2015, the Defendant: (a) was parked on the way in front of “the point at which the Sim-si Sim-si Sim-si Simpo-si Simpo-si Simpo-simpo-si, Simpo-si, Simpo-si, and was parked on the way.”

B When the local fire fighter C, who was a member of the 119 Safety Center at the 119 Safety Center, was called as the defendant's condition while the freight is being occupied on the road after receiving the report of 119, and called as the "Ne ..........", the face of the above C was sent one time by hand.

Accordingly, the defendant committed violence to the fire fighters, thereby obstructing the rescue of human lives and the first-aid activities.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, as described in paragraph (1), was arrested in the act of assaulting fire fighters, etc., and moved to a police box E box of the racing police station located D at the time of racing, and driven while under the influence of alcohol, such as causing a traffic accident, heavy snow, and smelling the Defendant.

There are reasonable grounds to designate a person, the police officer of the above police box was demanded by F to respond to the measurement of drinking, by inserting the whole of 40 minutes from around 18:50 to about 19:30 minutes on the same day, in a manner of inserting it into a drinking measuring instrument for about five minutes.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to C, G, and H;

1. Investigation reports (in the field, such as site conditions, investigation results of the scene of the case, investigation results of A's driving, etc.), two photographs, each internal report (such as drinking refusal process, attachment of photographs, drinking driving, etc.), 14 photographs, notification of the results of crackdown on driving of drinking, and report on the situation of the driver at driving at home.