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(영문) 서울서부지방법원 2013.12.12 2013고단3029

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 01:30 on October 21, 2013, the Defendant was required to comply with a drinking test by inserting the breathm in a breathm for about 20 minutes, on the road at the Hannam-dong, Yongsan-gu, Seoul, Yongsan-gu, by inserting alcohol on the front of the 727-3 Hannam-gu, Yongsan-gu, Yongsan-gu, Seoul, and on the road.

그럼에도 피고인은 “나는 음주운전을 하면 회사에서 짤린다. 여기 상급자를 데려와라. 회식비를 줄테니 한번 봐줘라.”라는 취지로 말하면서 음주측정을 회피하여 정당한 사유 없이 경찰공무원이 음주측정요구에 응하지 아니하였다.

2. When the Defendant, at the time and place indicated in paragraph (1), was subject to the control of drunk driving by C, a police officer belonging to the Seoul Yongsan Police Station, as set forth in paragraph (1), to avoid the crackdown on drunk driving, the Defendant refused to take a drinking test as set forth in paragraph (1). The Defendant taken the cell phone camera site and taken the above C’s hand on one occasion, and knife the police officer’s satisf, and knife it back in front and rear.

In addition, the Defendant: (a) recommended the above C to respond to the alcohol alcohol measurement; (b) received the instant World Cup to be fluorized; and (c) notified C that the said C was a part of the refusal to take a drinking alcohol measurement; and (d) attempted to enter the situation in the use of the drinking measuring instrument, the Defendant left the said C’s hand by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the ledger of employment of a drinking-free driver, a report on the personnel status of a drinking driver, and a ledger of personnel using a drinking measuring instrument;

1. Criminal facts;

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