공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The gist of the grounds of appeal is that the Defendant’s refusal to take a alcohol test from the police officer J at the time of the instant case, and the Defendant’s refusal to take a alcohol test out of HJ is an act of refusing to take a alcohol test as a whole. Thus, the Defendant’s refusal to take a alcohol test constitutes a lawful act of demanding a police officer to take a alcohol test under Article 44(2) of the Road Traffic Act and constitutes a lawful performance of duties.
Therefore, the Defendant’s primary act of intimidation against the legitimate execution of official duties constitutes a crime of interference with the execution of official duties, and the second act of intimidation against K by a police officer, who prevented the Defendant’s act of avoiding it without permission after being lawfully arrested as an offender of interference with the performance of official duties, also constitutes a crime of interference with the execution of official duties.
In addition, a report on the detection of a driver at driving, a report on the situation of a driver at driving, a report on the use of a drinking measuring instrument, and a record of drinking measurement can be used as evidence of conviction of a violation of the Road Traffic Act (driving) in consideration of all of the admissibility of evidence of the report on the detection of a driver at driving, a report on the use of a drinking measuring instrument, and a record
I would like to say.
2. Determination
가. 이 사건 공소사실의 요지는, 피고인은 2015. 4. 3. 00:30 경 광주 서구 C에 있는 ‘D 식당’ 앞 도로에서부터 E 이하 불상 지에 있는 ‘F’ 앞 도로에 이르기까지 약 50m 구간에서 혈 중 알코올 농도 0.134% 의 술에 취한 상태로 오토바이를 운전하였고, 음주 운전 여부를 확인하기 위해 출동한 경찰관들과 광주 서부 경찰서 H 지구대로 임의 동행한 후 당일 01:25 경 경찰관 J로부터 음주 측정을 요구 받고 음주측정기에 입김을 불어넣는 시늉만 했다는 이유로 J로부터 재차 음주 측정을 요구 받자 J의 얼굴에 가래침을 뱉고 양손으로 J의 가슴을 2~3 회 때리는 등 폭행하고, J에게 “ 너 이 새끼 죽여 버린다, 너...