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(영문) 제주지방법원 2013.08.29 2013고단848

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Around 06:15 on May 11, 2013, the Defendant: (a) when driving a Dbe-crated car at the right distance prior to the point of origin of the Dbe-cated car, which is linked to Jeju Island, and was controlled from a slope F and a slope G belonging to the E Zone of the Jeju Police Station in the Jeju Island, which was called out after being called out after being reported for locking, the Defendant started to turn to the right from the direction of the F and G, which was inspected by the Abe-cated car; and (b) started to go to the right from the opposite line to avoid it.

Accordingly, the defendant, carrying dangerous objects, and assaulted police officers, thereby hindering their legitimate execution of duties on traffic control.

2. The Defendant refused to comply with the traffic control of police officers as above, and driven a car with the central line while flying the car, and the housing following the Htel at Jeju-si, Jeju-si, which led to the alley path. The Defendant left the vehicle to be asked to open the door by the slope F belonging to the above E-gu E-gu, which led to stringing him, and called F, I, I, f, f, and f, f, f, and f, f, f, f, f, f, f, at the time of drinking.

Accordingly, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the arrest of flagrant offenders.

3. The Defendant, at around 06:40 on May 11, 2013, was under the influence of alcohol in the E-district of the Jeju Western Police Station, and was subject to the investigation by the slope I belonging to the said E zone while driving the said vehicle as described in paragraphs 1 and 2 in the influence of alcohol, and was demanded to comply with the alcohol measurement by inserting the breath of alcohol over about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven the said vehicle while under the influence of alcohol, such as her speech and walking, her face, red, and smelling.

Nevertheless, the defendant, without justifiable grounds, refrain from inserting the whole breath in a drinking measuring instrument.