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(영문) 수원지방법원 평택지원 2019.07.25 2019고단375

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

[2019 order375] On March 14, 2019, at around 23:50, the Defendant was seated in a driver’s seat parked near the C Elementary School located in Pyeongtaek-si B, and the Defendant was requested by the police officer E (25 years of age) who was called out after receiving 112 a report to the effect that “the same driver of the same driver who driven while driving on a drinking” gets off from the police officer E (the police officer) who was a police officer assigned to the Pyeongtaek-gu Police Station D police box called up for the purpose of drinking, to comply with the drinking-free test. Upon the drinking reduction, the Defendant’s personal information was confirmed for the alcohol measurement, the Defendant was issued a writ of execution due to the non-payment of a fine for the crime of violation of the Road Traffic Act (unlicensed Driving) and was born to the patrol vehicle to arrest him.

Accordingly, the Defendant was able to escape from the patrol vehicle, such as walking along the head, and the Defendant was unable to walk the vehicle. In order for the Defendant to realize the Defendant, the Defendant used the horses of the above E to stop from the racker patrol vehicle, and assaulted the knife on one occasion by walking the knife.

As a result, the defendant interfered with the legitimate execution of duties by police officers, and at the same time, the defendant inflicted an injury on E, a victim, such as an open wound for about 10 days of medical treatment.

[2019 Highest 458] On May 11, 2010, the Defendant received a summary order of KRW 700,000 from the Jung-gu District Court to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on September 12, 2014.

On March 14, 2019, at around 23:14, the Defendant driven a H H-pcom car without obtaining a driver’s license from approximately 800 meters section prior to the G cafeteria located in Pyeongtaek-si F until the G cafeteria road located in B, and with a blood alcohol concentration of 0.122% under the influence of alcohol.

As a result, even though the defendant was punished not less than twice due to drinking driving, the defendant driven the above car while under influence.

Summary of Evidence

[2019 Highest 375]

1. Defendant's legal statement;

1. The police of E.

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