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(영문) 대전지방법원 2020.02.17 2019고단3869
공무집행방해등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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. On May 3, 2019, at around 02:08, the Defendant violated the Road Traffic Act (refluence of the measurement) from the Do head in the Chop House in Sejong City B to the road in front of the parking lot in the Do latter part of the same City D, the Defendant was demanded to take a drinking test by inserting the center line, while driving E X-ray cargo from around 5km to the road in front of the parking lot in the same city. On the same day, at around 02:18 of the same day, the Defendant was parked in the latter part of the Sejong-si D, Sejong City, and at around 02:12 of the same day, the Defendant was found to have driven under the influence of alcohol from G belonging to the F District District of the Sejong Police Station that received the 112 report that the Defendant was driving under the influence of alcohol, such as smelling alcohol, making the face, etc., and accordingly, was demanded to take a drinking test by inserting it into a drinking measuring machine for about 10 minutes.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. On May 3, 2019, the Defendant engaged in obstruction of performance of official duties: (a) around 02:28, the following: (b) the Defendant: (c) took three-time demand to comply with the drinking alcohol measurement as described in paragraph (1) in his/her hands and tried to flee; (d) took a bath to G located in the F District Zone of the Sejong Police Station F District of the Sejong Police Station where he/she prevented him/her; and (c) took a assault on the victim’s right face one time by pushing him/her of his/her hands.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to the report on the circumstantial statement of a host driver, investigation report (report on the status of the model driver), pictures related to each case, records of 112 reported cases, records of investigation (statement by reporter's telephone), investigation report (Attachment to DNA CCTV images);

1. Relevant laws concerning facts constituting an offense and the choice of punishment under the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) are amended by Act No. 16037, Jun. 25, 2019.

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