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(영문) 인천지방법원 2018.10.24 2018고단6111

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. On July 17, 2018, the Defendant obstructed the performance of official duties, at around 23:45, and around 69, the Defendant was under the influence of drinking and was in operation of the Defendant’s B low-priced typ vehicle owned by his father while drinking on the roads in front of the same IC, and was demanded to stop. However, the Defendant refused to stop the operation of the said vehicle to the “E” front of the same time, and then escaped by driving the said vehicle to the “E” front of the same time, and then, during the escape from the vehicle, the Defendant assaulted the Defendant F of the Gyeongcheon-gu Police Station affiliated with the Busan Special Metropolitan City Police Station, Seocheon-gu, Seoul Special Metropolitan City, by putting the Defendant’s hand on her hand and booming it twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the regulation of drinking and traffic control.

B. Defendant 1 driven a motor vehicle under the influence of alcohol, such as drinking, smelling, snicking, snicking on the face of the Defendant from the slope G belonging to the Seocheon-gu Police Station at the above time and at the above place, and driving the motor vehicle under the influence of alcohol, such as drinking, driving the motor vehicle with a view to drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking into the divers of drinking over approximately 23 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement of the circumstances of the driver involved in driving;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;