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(영문) 서울서부지방법원 2014.11.11 2014고단2542

공용물건손상등

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. On June 25, 2014, at around 00:40 on June 25, 2014, the Defendant damaged public objects, while recognizing the fact that a police officer was under drinking control in the street B before Eunpyeong-gu Seoul Metropolitan Government, and making a bypassing it to the alleyway, the Defendant: (a) destroyed public objects by plucking, digging up, or digging up, a police officer, who belongs to the Seocho Police Station of the Seocho Police Station and requested a drinking measurement by a police officer who belongs to the traffic safety department of the Seocho Police Station that recognized the fact that he

2. On June 25, 2014, the Defendant was arrested as a flagrant offender due to damage to public goods and brought in to the traffic investigation team of the Seoul Western Police Station in order to the traffic investigation team of the Seoul Western Police Station on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling and smelling on the face of the traffic and the Defendant from the slope C belonging to the traffic department, and making it possible to recognize that the Defendant driven under the influence of alcohol on three occasions at intervals of ten minutes.

Nevertheless, the defendant did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

3. The Defendant engaged in obstruction of performance of official duties: (a) took a bath to the police officer D in charge of traffic investigation in the Seocho Police Station, who demanded a drinking test at the same time and place as the above Paragraph (2) of the same Article; and (b) took the documents and cups kept in the office; and (c) assaulting the Defendant, who was aboard the vehicle, to attract the Defendant into the detention room of the Eunpyeong Police Station, the Defendant, who was in the vicinity, by taking away the bat of the above D’s bats in the vehicle, thereby obstructing the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Report on the results of crackdown on drinking driving and the detection of drinking drivers;

1. The application of Acts and subordinate statutes on photographics against public goods, police officers' damage;

1. Relevant Article of the Criminal Act, Article 141(1) of the Criminal Act (a point of damage to public use) and Article 148-2(1) of the Road Traffic Act concerning the crime;