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(영문) 광주지방법원 목포지원 2014.12.18 2014고단1586

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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. On July 23, 2014, around 04:20, the Defendant received one time the face of the above E, together with his bath, on the ground that he was able to restrain himself from escape and ask whether or not a drunk affiliated with the Bab Police Station, who was called out after receiving a report on a drunk driving on the road in front of Csanbu and a person under the influence of alcohol in front of the Maban Police Station B.

As a result, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and investigation.

2. Violation of the Road Traffic Act (Refusal of measurement) on July 23, 2014, the Defendant driven a Fpoter cargo vehicle at a distance of about 1km from the 2nd square in front of the square in front of the square in Fposi-si to the front road in front of Fposi-si B at the time of Fposi-si on July 23, 2014. On July 23, 2014, the Defendant was required to comply with a drinking test four times from 05:07 of the same day, from that time, since there exist reasonable grounds to recognize that the Defendant driven a fpoter under the influence of drinking, such as smelling, by the frith police box in front of the square in front of the square in Fposi-si at the time of Fposi-si.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes to vehicles operating a suspect and photographs refusing measurement;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment (the obstruction of performance of official duties, the choice of imprisonment), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusal of measurement of drinking, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes of obstruction of performance of official duties: