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(영문) 인천지방법원 2014.06.16 2014고단2227

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 of the final judgment.

Reasons

Punishment of the crime

1. On March 15, 2014, the Defendant of the obstruction of performance of official duties: (a) around 22:45, in front of the Southern-dong Police Station, Namdong-gu, Incheon, 668-0, “A driver is driving a driver who has parked the front-down vehicle without a right-handion; (b) is driving a driver after receiving 12 reports from E, a police officer belonging to the D District Unit of the Southern-dong Police Station, called the police officer of the Southern-dong Police Station, who controlled the suspicion of drunk driving, due to the influence of the suspicion of drunk driving. The police officer did not have to go at his/her match; and (c) the same police officer sawed him/her by “fabbbbb k, etc.”; and (d) the chest of the above police officer.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) at the same time, at the above time, at the above location, the Defendant was driving on the road at that time, and the Defendant was seated with the driver’s seat above, and there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, by drinking, and on the vehicle, at the same time and at the above location, the Defendant was demanded to comply with the drinking measurement by inserting it into a drinking measuring instrument three minutes from the above police officer three-eight-minutes from the D Zone on the same day on the same day.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports, field photographs, photographs of suspect refusal to measure, circumstantial statements of the host driver, and reports on detection of the host driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act for the crime;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is more severe, the punishment for obstruction of performance of official duties shall be imposed.