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서울동부지방법원 2020.01.31 2019고단3676

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

On July 16, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Eastern District Court, and a fine of 4 million won for a violation of the Road Traffic Act at the Seoul East Eastern District Court on December 9, 2016, respectively.

Criminal facts

1. Performance of official duties;

A. At around 08:40 on November 15, 2019, the Defendant committed the crime against Posman B, on the ground that the Defendant received 112 report that “the driver of a Dbs vehicle drive under influence of alcohol,” and served as the police officer affiliated with the Seoul Mine Police Station Escopic Party Escopic of the Defendant, who was called for “the driver of the Dbs vehicle drive under influence of alcohol,” was subject to the Defendant’s drinking operation. The Defendant committed the assault, such as taking a bath, flabing the balle of the above patroler B, flabing the bs

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

B. On November 15, 2019, at around 09:10 on November 15, 2019, the Defendant arrested and taken custody of a flagrant offender for the same reason as described in the above paragraph (a) at the E box located in Gwangjin-gu Seoul Special Metropolitan City, and committed assault, such as taking the balutic cups containing water into the head of the above slope F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the measurement of drinking alcohol by police officers.

2. On November 15, 2019, the Defendant received 112 reports from 09:05 to 09:25 of the Road Traffic Act to the effect that he/she is driving under the influence of alcohol from the above slope F at the places specified in subparagraph 1-B of the same paragraph, and the Defendant has reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling alcohol and smelling red, and requested that he/she comply with a drinking test by inserting a whole of four times in a total of four times, but 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.F.