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(영문) 광주지방법원 2015.05.21 2015고단133

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor 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 22:00 on December 27, 2014, the Defendant driven a motor vehicle Ewing and C in the Damoel parking lot located in Gwangju Northern-gu Seoul, while under the influence of alcohol 0.094% of alcohol content.

2. On December 27, 2014, the obstruction of performance of official duties and the Defendant: (a) expressed that the Defendant, while driving a drinking alcohol at the Domo parking lot as above, caused a traffic accident; and (b) refused to take a alcohol test required by G from the police officers belonging to the G District Police Station of the Gwangju Northern Police Station, which called “I will know about the occurrence of an accident at the Domo parking lot; (c) one time the chest part of the above police officer’s chest part was discovered; and (d) was arrested from the above police officer as an act of obstruction of performance of official duties and arrested him as an act of obstruction of official duties, the Defendant resisted his right hand, obstructed the police officer’s legitimate performance of duties concerning the maintenance of public order and criminal investigation; and (d) cut off the victim police officers into upper part of the upper part of the upper part of the upper part of KRW 5 for a distance of about four weeks in need of medical treatment.

3. When the Defendant was arrested as an offender in the act of obstruction of performance of official duties from police officers G, etc. at the time and place mentioned in the above 2. Paragraph 2., the Defendant damaged the patrol vehicle, which is a public object, to have a repair cost of KRW 70,00,00 on the back of the patrol vehicle, on the ground that the police gear was not unsatisfed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in each police statement concerning I and G;

1. A report on the current status of drivers and a report on the primary exposure;

1. The photograph of fingers, photographs of the police vehicle destroyed, and on-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Articles 136(1) and 141 of the Criminal Act of the corresponding Article of the Criminal Code concerning criminal facts (the point of obstructing performance of official duties).