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(영문) 창원지방법원 밀양지원 2013.07.11 2013고단94

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 4, 2012, at around 07:40, the Defendant was asked about the Defendant’s drinking, drinking, drinking circumstances, etc. from the slope of the Haban Police Station D police box of the Haban Police Station, who was dispatched after being reported 112 at a distance of about 5km from around 07:40, the Pacific-gun, the Pacific-gun, the Southern-gun, the Pacific-gun, the Republic of Korea, at around 07:40, to the 35km from around 5km-gun, the Pacific-gun, the Republic of Korea: (a) from around 5km-gun, the Pacific-gun, the Republic of Korea, at around 112, in driving the Haban-gun vehicle owned by the Defendant; and (b) the Defendant was asked about whether the Defendant had drinking alcohol, drinking, drinking, etc.; and (c) at the same time, the Defendant interfered with the Defendant’s legitimate execution of the investigation, such as suppression of drinking and drinking, etc.

2. 도로교통법위반(음주측정거부) 피고인은 2012. 10. 4. 08:15경 함안경찰서 D파출소 내에서 1항과 같은 이유로 출동한 함안경찰서 D파출소 소속 경사 B, E으로부터 입에서 술냄새가 많이 나고 몸을 비틀거리며 혼자 걸을 수도 없는 상태에서 횡설수설하는 등 술에 취하였다고 의심할만한 상당한 이유가 있어 위 08:15경부터 08:43경까지 약 30분 동안 3회에 걸쳐 음주측정에 응할 것을 요구받았음에도 불구하고, 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs), investigation reports (Attachment of a certificate of injury);

1. Article 136 (1) of the Criminal Act of the corresponding Article of the Criminal Code concerning the crime (the point of obstruction of performance of official duties).