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(영문) 대전지방법원 홍성지원 2020.01.15 2019고단630

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 2, 2019, the Defendant: (a) driven a CNS car in the state of alcohol with a blood alcohol concentration of about 0.105% from the section of about 10km from the front of the Agsan City B apartment road to the front of the Flux road located in the Geumdo-ri in the same city area from the front of the Agsan City B apartment road.

2. The Defendant was under the influence of alcohol driving as seen above, and the police box affiliated with the Asan Police Station was under the control of E, etc., and subsequently, the Defendant was required to take a measurement of blood collection and failed to take a measurement of blood collection while getting on patrols and moving to G hospital located in the Hanam Budget-gun F.

On April 2, 2019, at around 22:20, the Defendant returned to the I parking lot located in Asan City located in the H and prepared documents related to drinking control in the patrol vehicle, which is a place where the Defendant took a patrol vehicle, and used the said E to hold the back seat of the patrol vehicle on which the Defendant was on board, and used the said E to assault the said E to the police officer who performed his duties on five occasions by holding the back seat of the patrol vehicle where the said E was on board.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each legal statement of the witness J, K and E;

1. The prosecutor's office and the police's statement concerning E;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The defendant and his defense counsel's assertion on the situation report, the defendant and his defense counsel, despite the completion of the drinking control procedure at the time, accompany physical coercion of the defendant who had already been driven by the patrol vehicle (the police officer's attachment of the defendant's two arms and forced their two arms) and illegally brought the defendant into custody, and the defendant's resistance against such unlawful custody was against the chest part of the police officer's chest during the process of protesting against such unlawful custody. The defendant's crime of obstruction of performance of official duties is committed.

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