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(영문) 전주지방법원 정읍지원 2019.08.22 2019고단233

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

Punishment of the crime

1. On April 16, 2019, the Defendant engaged in the obstruction of performance of official duties, at around 22:45, the Defendant: (a) placed the C Zone B at the entrance of the lower-class parking lot located in the B of the former B, leaving a brack in D; (b) took a brack in order to prevent the occurrence of accidents; and (c) to verify whether a slope F was a drunk driving, the Defendant committed assault by assaulting the F’s my own desire while carrying out a defective bracking the Defendant at one time to walk the part; (d) walking the part of E’s frack and walking the part of E, and demanding a F to drive alcohol again; and (e) walking the F’s mouth twice.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning criminal investigations.

2. Around April 16, 2019, the Defendant violated the Road Traffic Act (Refusal of measurement of alcoholic beverages).

After arresting a flagrant offender under suspicion of obstruction of the performance of official duties, such as the statement in the port, and carrying in the C district as seen above, the Defendant was driving the vehicle at the parking lot while driving the vehicle, and the Defendant was making a serious drinking, and thus, there is considerable reason to recognize that he was driving under the influence of alcohol, and thus, was demanded by a police officer to take a measurement of drinking by means of breathing respiratoryly in a drinking measuring instrument, even though he was requested by the police officer to do so, the police officer’s refusal to comply with the measurement of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement to F and E;

1. A report on internal investigation (field status, etc.) and on-site evidence photograph;

1. A report on the violation of the Road Traffic Act (Refusal of measurement);

1. Application of Acts and subordinate statutes to investigation reports, reports on the current status of drivers, and reports on the current status of drivers;

1. Relevant Articles 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 148-2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.