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(영문) 청주지방법원 충주지원 2014.11.07 2014고단388

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2014 Highest 388] On July 1, 2014, the Defendant was arrested as a flagrant offender under suspicion of drinking on the road in front of the Chungcheongju City, and was transferred to the D District Office of the Chungcheong Police Station, and requested the police officer to comply with a drinking test, but the Defendant attempted to escape from the district while refusing it.

Therefore, the police officer E (the 44 years of age) who belongs to the above Rabbbbbbing zone was able to take the locks in order to prevent the defendant from escape and destruction of evidence, and the victim's left buckbing area was broken by the defendant's entry.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning the measurement of alcohol and the management of personal illness, and at the same time, the Defendant inflicted injury on the left-hand bucks, which require the victim's treatment for about two weeks.

[2014Kadan411] Around 02:50 on July 1, 2014, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument four minutes for a drinking measuring instrument four minutes between approximately 40 minutes on the ground that there are reasonable grounds to recognize that he/she driven a motor vehicle while under the influence of alcohol, such as drinking, drinking, drinking, and drinking, drinking, drinking, and drinking, driving a motor vehicle in front of 206, Yeonsu-gu Apartment apartment 206, in a state of drinking.

Nevertheless, the defendant, who is crossing, did not comply with a police officer's request for a alcohol test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the control results of drinking driving;

1. The circumstantial statement of the employee;

1. Photographss and field photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to replys to the preparation of G Gins;

1. Articles 136(1) and 257(1) of the Criminal Act of the corresponding legal provisions concerning criminal facts (the point of obstructing performance of official duties), and Article 148-2(1) of the Road Traffic Act.