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(영문) 인천지방법원 2017.07.07 2017고단3568

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around April 14:50 on April 6, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), while driving approximately about 10 meters in the front of the Seo-gu Incheon Seo-gu, Incheon, Seo-gu, in drinking on the road, the Defendant was discovered to G police officers belonging to the Incheon Western Police Station, who received 112 reports while driving approximately 10 meters on the road and dispatched.

At around 15:10 on the same day, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 30 minutes after being voluntarily accompanied to the F District of the Incheon Seo-gu Police Station F District in Seo-gu Incheon, Seo-gu, Incheon, and inserting it into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without good cause.

2. On April 6, 2017, around 15:10 on April 6, 2017, the Defendant: (a) obstructed the performance of official duties; (b) assaulted the Defendant at the left edge of the said G by walking the right edge of the said G, which is demanded to take a drinking measurement from the said G within the F District of the Police Station of the

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers such as drinking measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of I;

1. Investigation report (to attach an on-site photographic file storage chron files to seed files);

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. A copy of the ledger using a drinking measuring instrument, and notification of the results of regulating drinking driving;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes to photographs taken to inflict damage on victims;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same 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 the choice of imprisonment with labor for each crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties: Provided, That the lowest sentence shall be determined by the punishment prescribed for the crime of violation of Road Traffic Act (Refusal of measurement of drinking), and Article 50];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).