beta
(영문) 울산지방법원 2018.02.07 2017고단3043

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 6, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), driving a motor vehicle under the influence of alcohol, such as driving a motor vehicle under the influence of alcohol by driving a motor vehicle with approximately 3.3 km in the front of the management of the same Switzerland apartment at the 14-lane 5-gil, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, at around 00:35, while driving a motor vehicle under the influence of alcohol, with approximately 3.3 km from the front of the management of the second apartment of the same Switzerland apartment at the 103-lane of the same city at the same speed, from the front of the road in the same city at the 102 front of the underground parking lot.

If there are reasonable grounds to recognize the accident, it was demanded to respond to the drinking test by inserting the whole in a drinking measuring instrument at around 00:51 on the same day from Busan Police Station E Assistant F of the same Police Station after receiving an accident report.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

2. The Defendant interfered with the performance of official duties, at the time, at a place under Paragraph 1, and at a place under Paragraph 1, brought assault to F, such as spiting spite, spite, spite, spite, spite, spite, spite, spite, spite, etc., and spite spite, spite, etc. with the chest by hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reports by police officers and the crackdown on drinking driving.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness F;

1. Part of the protocol concerning the prosecution or the police interrogation of the accused;

1. Each police statement made to F and G;

1. Statement of the circumstances of the driver involved in driving;

1. Determination on the assertion of Defendant and defense counsel related to the traffic accident

1. Inasmuch as a police officer’s failure to comply with the measurement any longer because it was not the wind of the alleged drinking measuring instrument but the measurement was not conducted, it is merely a temporary refusal of measurement without the intention to refuse the measurement of drinking. As delineated below, the police officer’s illegal performance of official duties.