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(영문) 대전지방법원 2016.12.08 2016고정653

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 17, 2016, while the Defendant was driving a DKan-kick on the road near Seo-gu Daejeon, Seo-gu, Daejeon at around 21:35, the Defendant obstructed the Defendant’s legitimate execution of duties as to the public security and maintenance of order by assaulting G, such as: (a) the Defendant’s wife’s failure to drive the Defendant; (b) the Defendant’s request for support by electric power; (c) whether the said G was to be a driver; (d) whether the Defendant was a driver; (e) whether the police was a driver; (e) whether the Defendant was a driver; and (e) whether the Defendant was a driver; and (e) whether the Defendant was a driver; and (e) the Defendant’s lawful performance of duties as to the public security

2. The Defendant violated the Road Traffic Act (refluence of the measurement) at around 22:42 on the same day, on the ground that he obstructed G’s performance of official duties, such as the foregoing paragraph (1) and paragraph (1) of the same Article, was arrested and transferred to the I district of Daejeon District Police Station of Daejeon Seo-gu, Daejeon, and there is a reason to suspect that the Defendant’s face was red and carried out drinking driving as stated in the above paragraph (1), and accordingly, the Defendant was requested to take a drinking test for three minutes from the police officer in charge of the above earth, and the Defendant refused to comply with it without justifiable grounds

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, J and L;

1. The prosecutor's statement concerning G;

1. Each police statement of G, E, and M;

1. Written statements of N orO;

1. Determination as to the assertion by the defendant and his defense counsel as to the notification of the result of the drinking driving control, the report on the state of the driving under the influence of alcohol, the refusal of drinking measurement

1. Summary of the assertion

A. Emergency arrest against the defendant is illegal, and the request for a measurement of drinking alcohol is made under illegal arrest, and it is also illegal, and it is unfair to enforce it by considering that the driver has a duty to respond to such illegal request for a measurement of drinking alcohol. Thus, the defendant cannot be punished as a crime of non-compliance with the request for a measurement of drinking alcohol under Article 148-2 (1) 2 of the Road Traffic Act on the ground that he/she refused

B. The Defendant drinks alcohol.