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(영문) 춘천지방법원 2017.06.22 2017고단297

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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 February 14, 2017, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), while driving a B-3 car in the air space adjacent to the new church in Switzerland, Switzerland, 2000, at around 21:58, the Defendant: (a) caused an accident of harming the Defendant by drinking the signal pole, shocking the signal pole; and (b) was driven under the influence of alcohol, such as a chillD belonging to the Cridge of the Chuncheon Police Station, Chuncheon, which called upon receipt of a report in 112, by taking a smell at the Defendant’s entrance, taking a bath while taking a heavy snow while drinking, and driving under the influence of alcohol, such as a rain.

On the same day, 22:17 on the same day, for reasons that there are reasonable grounds to determine a person.

Nevertheless, the Defendant avoided so as not to have a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

2. On February 14, 2017, at around 22:25, the Defendant abused the body of slope D, which requires a second alcohol measurement at the place indicated in paragraph (1) at around 1, 2017, and caused the Defendant to go beyond the floor.

Accordingly, the defendant interfered with legitimate execution of official duties in relation to traffic control by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the investigation report (related to the violation of the Road Traffic Act (refluence of measurement), the statement report on the situation of the driver in charge, the site photograph, the investigation report (refluence of drinking, etc.), the copy of the ledger using a drinking measuring instrument, the vehicle bbox CD, the refusal of measurement, and the arrest video CD-related acts and

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each 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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Crimes 1: Interference with the execution of official duties;