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(영문) 대전지방법원 공주지원 2016.02.12 2015고단457
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2015, at around 20:0, the Defendant driven an E Car with E Car with about 30 meters under the influence of alcohol at a section of about 30 meters from around C Kapets in the Cheongyang-gun B to the front of the D cafeteria located in the same page.

After that, on September 21, 2015, the Defendant reported that there was a person who interferes with drinking business in front of the above D cafeteria, and received a report from Ha on September 21, 2015, and received a request to present an identification card to verify his identity, the police officer of the Cheongyang Police Station F District G in the Cheongyangyang Police Station, and the police officer requested to present an identification card to verify his identity.

“In response and refusal,” and thereafter, the above police officers, who heard the statement that the Defendant was under the influence of alcohol and was making at the time of being drunk by the person who reported on the spot, were driving under the influence of alcohol.

In order to be asked for a alcohol measurement due to considerable grounds to suspect, they expressed her desire to mar flap. Nar, “I am in the way of maring off the left side of H one time,” and they committed an assault, such as her chest, by hand, her chest in the process of suppressing it one time with the left hand, and then she was arrested as a flagrant offender of interference with the performance of official duties and transferred to Far around 20:38 on the same day.

피고인은 같은 날 20:39 경부터 약 10분 동안 F 지구대에서 재차 음주 측정기에 호흡을 불어넣는 방법으로 음주 측정 요구를 받았으나, 입김을 부는 시늉만 하는 방법으로 정당한 사유 없이 음주 측정에 불응하였다.

As a result, the Defendant interfered with the traffic control of police officers and the prevention of traffic hazards, and did not comply with the police officers' measurement without any justifiable reason.

Summary of Evidence

1. The defendant's legal statement G, H and I each police statement, a statement of the case processing 112 reported, a report on the detection of the driver at the scene of the F District Work, and a report on the situation of the driver at the State's office;

1. On-site reports (on-site situations, etc.), investigation reports (C carpets counter investigation, etc.).

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