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(영문) 전주지방법원 군산지원 2014.11.26 2014고단1046
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 03:18 on June 28, 2014, the Defendant was driving a C Sti-type car from the second apartment front of the second apartment house located in the movable property located in the following cities to the front road of the above apartment house, from around 100 meters away from the front road of the above apartment house.

However, at the time, the Defendant, without stopping the time of the above car, was confirmed to be CCTV, and the Defendant was found to have driven under the influence of alcohol, such as smelling, and the body cannot be accumulated, and there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, even though he was demanded from the slope E belonging to the D District Unit of the Yasan Police Station from about 04:20 to about 35 minutes from around 04:5 on the same day, he refused to comply with the demand for the measurement of alcohol by police officers without justifiable grounds.

2. At around 04:40 on June 28, 2014, the Defendant had been subject to drinking control from a slope E belonging to the D District Unit of the Hasan Police Station, as described in paragraph (1), at the second apartment management office located in the Hasan-si, the movable property management office.

The Defendant explained that he was in the process of Kamera shooting for the fairness and evidence of regulation when demanding a sobrea measurement, and explained that he was in the process of Kamera shooting. The Defendant used the Kameras to “I wish to punish money by controlling feass.” and used the Kameras to “S.”, and used the Kameras and Kameras, which used in his hand, assaulted the coffee balance to the left-hand bucks of E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act for the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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