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(영문) 광주지방법원 2016.12.22 2016고단3357
공무집행방해
Text

The defendant shall be punished by imprisonment with prison labor for ten months, and the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2016, at around 22:35, the Defendant found him/her to be subject to a drinking test by F to E, who is affiliated with the Gwangju Northern Police Station D District Zone D under the influence of alcohol at the entrance and roadside of a driving school located in Gwangju Northern-gu, Gwangju.

When the above patroler notified EF that he would take a drinking test after 20 minutes, the Defendant took a bath that he would take a drinking test, and obstructed the measurement of drinking alcohol when he was inside 20 minutes, and the Defendant was removed from the Defendant, and the Defendant was able to take a bath to him, and the Defendant was saluted for about 2 minutes by carrying his flab with his hand, and the Defendant was saluted with his flab, and the G was saluted by his hand when he was saluted against the Defendant.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on traffic control and prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Examination protocol of the prosecutor and the police accused;

1. Statement of E by the police;

1. Application of Acts and subordinate statutes to report investigation into the place of work on the earth;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is decided as per Disposition on the grounds that there is no basic area (6-1-4 months) (special person) of the basic area (6-1 year and 4 months) of the obstruction of performance of official duties.

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