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(영문) 대구지방법원 상주지원 2015.11.03 2015고단386
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. On June 16, 2015, the Defendant’s obstruction of performance of official duties and the Defendant suffered injury from the driver’s seat of the first-class apartment with the influence of drinking water in front of 7-class 366 a.m., at the time of permanent stay at 01:00, the victim D (5 years old) who is a police officer belonging to the resident police station located in the patrol, and the police officer tried to find the Defendant and check whether to drive under the influence of drinking water, and the above police officers attempted to confirm whether to drive under the influence of drinking water. The above police officers stated, “this kind of fluence is all these, so this fluence, flue fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe fe fe f.).

2. On June 16, 2015, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument, for the following reasons: (a) the Defendant was exposed to police officers during the driving of a Category B drinking car at the place specified in the foregoing paragraph (1) and at around 01:19 on the same day, at the C District located in E at the time of stay at around 01:19, there is reasonable ground to believe that he/she was driving under the influence of alcohol, such as drinking alcohol and smelling on the face; (b) around 20 minutes (round 1:19, around 201:26, around 301:30, around 301:35).

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason by avoiding a drinking test while making a statement that he/she did not have a drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (investigative records No. 51);

1. Criminal facts;

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