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(영문) 광주지방법원 해남지원 2014.10.22 2014고단223

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:10 on July 18, 2014, the Defendant: (a) driven B Poter cargo while under the influence of alcohol at approximately 0.152% of alcohol content in the section of about 3km from the front of the community hall located in the front of the Jindo-gun, Jindo-gun, Jindo-do, Jindo-do to the front of the bus stops located in the same Eup/Myeon located in the same Eup/Myeon.

2. On July 18, 2014, the Defendant of the obstruction of performance of official duties: (a) 112 reported C’s 112 who was assaulted by the Defendant at the time of driving at a bus stop located in the front of the bus stop located in Jindo-do, Jindo-gun, Jindo-do, Jindo-do, Jindo-do, 94; and (b) was found to have taken a drinking test on the Defendant’s body from the police officer D (the age of 46) who was a police officer belonging to the Jindo Police Station who was dispatched to the scene, and was found to have taken a drinking test on the Defendant’s body, for considerable reasons that the Defendant was making a drinking, without taking a breath test, it means that “A person who was demanded to take a drinking test on the Defendant’s body, breath, breath, and breath, I will see the police officer’s view that “A person who was faced with the above police officer’s face.”

As a result, the defendant interfered with police officers' legitimate performance of official duties concerning investigation of crimes and handling of reported crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Each police statement made to D or C;

1. Video CDs;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (2) of the Road Traffic Act (the point of drinking and the choice of imprisonment), and Article 136 (1) of the Criminal Act concerning the obstruction of performance of official duties; and