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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1051

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2016, Defendant B, while under the influence of alcohol by around 01:10, Defendant B, who violated the Road Traffic Act (d pertaining to drinking), driven a vehicle from around about 4 km in the section of 4km from the road near the land in the Handong-dong short-gu, Seoul to the road in front of the same hour, under the influence of alcohol by 0.150%.

2. Defendant B’s interference with the Defendants’ performance of official duties caused a traffic accident which causes the collision of the said A-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing on the road near the E station located in the original city C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing

Defendant

A around 01:40 on October 16, 2016, at the same place, at around 01:0, 112 reported to the effect that “the vehicle was crashed,” and after investigating the circumstances of drinking and accident against Defendant B, the above G was bnding Defendant B to the effect that he was able to harm the Defendant’s head in the above AWn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, and that H was arrested Defendant A as the current offender of interference with the performance of official duties, and Defendant B committed assault by b-Wing the above G’s neck with his hand, and b-Wing the chest’s chest on a hand.

Accordingly, the Defendants jointly interfered with the prevention and investigation of police officers' crimes, the handling of 112 reported cases, and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. A report on the circumstances of driving under drinking, a report on the circumstances of a driver under driving under drinking, a report on the results of regulating the driving under drinking, and an inquiry about the results of regulating drinking;

1. Application of statutes on site photographs;

1. Article 136(1) and Article 30(1) of the Criminal Act (amended by imprisonment): Defendant B: Article 148-2(2)2 of the Road Traffic Act (the point of drinking alcohol) and Article 136(1) of the Criminal Act.