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(영문) 수원지방법원 성남지원 2020.07.21 2020고단709

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On February 11, 2020, the Defendant: (a) reported on February 11, 2020, 02:10 on the road in front of the Sinnam-si, Sungnam-si, the Defendant: (b) brought a bath to the reporter by the police officer of the Gyeonggi-nam Police Station, who called out after receiving the 112 report that “A driver drives a vehicle suspected of drinking; and (c) the Defendant avoided the Defendant; and (d) the Defendant took a bath to the reporter; and (d) the Defendant was able to stop

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and crime prevention.

2. On October 31, 2017, the Defendant has been issued a summary order of a fine of one million won at the Suwon District Court for the violation of the Road Traffic Act.

Nevertheless, at around 02:35 on February 11, 2020, the Defendant was arrested as a flagrant offender for the crime described in paragraph (1), and was carried out with the Ecom box located in D, Sungnam-si, and reported from police officers that the drinking operation is doubtful as described in paragraph (1). Moreover, the Defendant was unable to comply with a drinking test by a police officer without justifiable grounds, even though it was demanded to comply with a drinking test by inserting the fz E20 vehicle into a drinking measuring instrument three times from that time until 02:49 on the same day, for the reason that it was reasonable to recognize that the Defendant was able to have driven a motor vehicle under the influence of alcohol, such as snicking and snicking, and the Defendant was showing a shape of a snick.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. The written statement made by the police concerning C at the court room of the defendant, the oral statement made by the driver at the police station, and the investigation report (the circumstantial report made by the driver

1. Investigation report (19 pages), on-site photographs (26 pages of investigation records), bbox images (46 pages of investigation records), caps and photographs of CCTV images (51 pages of investigation records), criminal history records, etc.

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