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(영문) 대구지방법원 김천지원 2019.05.21 2019고단103

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. On January 15, 2019, at around 22:48, the Defendant received 112 reports from the head of the police box affiliated with the police box of the old U.S. Police Station D, who called out after having been reported to the effect that “the Defendant is trying to drink and drive” on the road in front of the Si/Gu-Si, Nowon-si, North Korea, and received a request for the measurement of alcohol by inserting the Defendant into the influence of alcohol three minutes from around 22:5 to 23:18 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s inabbstinating the Defendant’s growth and smelling the face of the police box of the old U.S. Police Station D, who called out.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

2. The Defendant spited spits on the front of the patrol vehicle, while receiving a request for a measurement of drinking from the head of the police box affiliated with the former American police station, such as the time and place mentioned in paragraph (1), and as such, E spits off the spits in front of the patrol vehicle, and used spits as “Chewing spite” at the patrol vehicle, and assaulted spits used by E by hand.

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.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs by reporting internal history (Attachment to a video recording of a black boom F vehicle boom), investigation report (a video, if a suspect is refused to take a drinking test marked at a red-scam campaign by a police officer), inquiry into the results of the drinking driving control, on-site photographs, a photographic image of a witness's vehicle, or a photographic image to capture it;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;