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(영문) 서울북부지방법원 2014.07.24 2014고단1748

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:30 on April 28, 2014, the Defendant driven a Bmotor bicycle under the influence of alcohol content of 0.218% from the 2km section of approximately 2km from the roads near the Jin-dong, Seoul Special Metropolitan City, Nowon-gu, to the front roads of 02:00 on the same day.

2. On April 28, 2014, the Defendant: (a) around 02:00, while driving a motor vehicle, as described in paragraph (1) on the road in front of 668, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu 8-dong 668, caused a traffic accident involving C vehicle’s driver’s seat fronter and crper who is parked adjacent to the right side of the said motor vehicle; (b) while taking the initial traffic accident measures, such as hearing the statements of the Defendant and witness, the circumstances leading up to the D District Unit of the Seoul Labor Relations Commission, Seoul Special Metropolitan City, Nowon-gu 112 reported and taking the 112 report, the Defendant: (c) tried to see the above E, “I must do so, how I will do so,” and (d) tried to see two times at the end of the police station patrol to take advantage of the driver’s rear seat; (d) Defendant 1 shall do so with his/her own will to take off the said motor vehicle, including his/her own st and me.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 136(1) of the same Act concerning criminal facts.