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(영문) 수원지방법원 안산지원 2015.07.16 2015고단1246

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 23, 200:15, the Defendant was asked about whether the Defendant driven a vehicle in the state of drinking by the head of the Ansan-gu Police Station C police box affiliated with the head of the police station of the Ansan-gu Police Station, who was dispatched after receiving a 112 report to the effect that “the driver of a vehicle for riding 5 is under the influence of alcohol and walked,” at around that time, the Defendant was asked about whether the Defendant driven the vehicle in the state of drinking by drinking from D at around 0:15.

At the time, there was a considerable reason to recognize that the above D was driving under the influence of alcohol, such as the Defendant’s walk was natural strings, the Defendant’s snow, and the Defendant’s smell was fluoring, and the Defendant’s smell was fluorous.

Nevertheless, the defendant was requested from the above D to take a drinking test on March 23, 2015, around 00:40 on the same day, around 00:50 on the same day, and around 01:10 on the same day, but rejected it without justifiable grounds.

2. On February 23, 2015, the Defendant interfered with the performance of official duties, at the same time and place as above 00:45, and at the same time and place, the Defendant interfered with the performance of duties by assaulting a police official with the legitimate execution of duties concerning drinking control by assaulting a D’s chest, which requires a drinking measurement, as mentioned in the foregoing paragraph (1), in his/her hand, is pushed away with a bit of bitch of bitch.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Written statements of E and F preparation;

1. Application of each Act and subordinate statute stated in the report on the state of the operation of a motor vehicle under the influence of alcohol, the report on detection of the motor vehicle under the influence of alcohol drivers, and

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement), Article 136 (1) of the Criminal Act, and Article 136 (1) of the same Act concerning the punishment of the crime, the choice of imprisonment with prison labor.