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(영문) 수원지방법원 2018.03.27 2017고단8015

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On December 3, 2017, the Defendant violated the Traffic Act (refluence of alcohol measurement) on the road: (a) the Defendant operated a Crocketing motor vehicle at the section of about 3 km from the direction near the direction of the road to the medium-sized unit of the same Gu to the 375 km from the direction near the direction of the road to the rear road of the same Gu; and (b) the Defendant was parked on the road behind the said lot.

DMW car back to the back of the DMW car, and locked from the driver's seat.

Accordingly, the Defendant was driven under the influence of alcohol by a police officer F of the E box called up after receiving a report of 112, such as smelling and smelling on the face of the Defendant, etc.

Even though there are reasonable grounds to determine a person, he/she was requested to respond to the measurement of drinking by inserting the whole part of a drinking measuring instrument three times, he/she refused such request and did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. On December 4, 2017, the Defendant: (a) received a 112 report from the police officers dispatched, and received a request for the measurement of drinking alcohol from the police officers, that the driver who caused a traffic accident on the rear side of the 375 Barun-ro, Gi-gu, Gidong-gu, Gidong-gu, Gidong-gu, 375 did not get off the vehicle.

Accordingly, while the defendant was able to take a bath for the police officers, and refused to take a drinking test, the defendant assaulted the part of the slope G belonging to the E police box that prevents him/her from taking a drinking test at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Report on the circumstances of the driver of a driving school, notification on the results of regulating drinking driving, and report on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes to photograph the screen of on-site video materials;

1. Relevant legal provisions and Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusing to measure drinking), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 136(1) of the Criminal Act.