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(영문) 대전지방법원 서산지원 2016.12.23 2016고단648

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2016 Highest 648"

1. 피고인은 2016. 9. 13. 19:20경 당진시 B에 있는 C모텔 앞길에서 음주운전이 의심된다는 내용의 112신고를 받고 출동한 당진경찰서 D지구대 소속 경사 E에게 음주운전으로 단속되어 위 E으로부터 호흡측정을 요구받자 화가 나 위 E에게 “좇까구 자빠졌네, 어린 새끼가, 내가 살고 나와서 너는 그냥 안 놔둬, 씨발 자식아”라고 욕설을 하면서 이마로 위 E의 입술을 2회 들이받고 주먹으로 위 E의 가슴을 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and drinking control affairs by police officers.

"2016 Highest 768"

2. On September 13, 2016, at around 19:05, the Defendant was required to comply with the drinking alcohol measurement by inserting the whole in a drinking measuring instrument three times from around 19:15 to 19:47 of the same day, on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as making a redlight on the inside of the D Zone Assistant E of the Chungcheongnam-nam Police Station D District, which was called out after receiving a report, while he/she was seated in the driver’s seat of the FS5 vehicle fM5 vehicle that turned on the road in front of the Damo-gu, Chungcheongnam-si, Chungcheongnam-si.

Nevertheless, the Defendant refused to take such pulmonary measure as above and did not comply with a police officer’s request for a alcohol test without justifiable grounds.

Summary of Evidence

"2016 Highest 648"

1. Partial statement of the defendant;

1. Statement to E by the police;

1. On-site photographs, work logs, 112 reported case processing statements, and copies of the usage register of drinking measuring instruments "2016 Highest 768";

1. Partial statement of the defendant;

1. Notification of the results of the drinking driving control and application of Acts and subordinate statutes to the ledger of drinking measuring instruments;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusal of measurement of noise), and the choice of punishment for the crime, respectively;