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(영문) 대구지방법원 김천지원 2013.07.17 2013고단504
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Road Traffic Act (Refusal of measurement) on April 13, 2013, the Defendant was in compliance with a drinking test by inserting alcohol into a drinking measuring instrument three times from the above police officers on three occasions from the same day to 03:49 on the same day, although the Defendant was in compliance with a drinking test by inserting alcohol measuring instruments three times from the above police officers on three occasions from the same day to 03:38 on the same day on the same day, while driving a M5 vehicle to B with drinking alcohol while drinking alcohol at a point 178.2 km (Haak-dong, Busan) of the Donbuk-do Highway at a point 178.2 km (Haak-do, Busan), the Defendant did not comply with a demand for a drinking test by a police officer without justifiable grounds.

2. On April 13, 2013, the Defendant: (a) expressed the desire to take a drinking test at the above place on the grounds as above; (b) on April 13, 2013, the Defendant: (c) threatened D with the face of the said D with drinking and elbow; and (d) Haba Haba Haba Haba Haba Haba Haba Haba Haba, the father of the said E, “Iba Doba, while taking a bath, flaba, and flaba bro, and interfered with legitimate execution of duties concerning the maintenance of order and crime control of D, E, E, while doing so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Copies of each public official identification card (D, E);

1. A copy of the service designation mark;

1. A report on the actual state of the driver;

1. A copy of the usage register of measuring instruments for drinking;

1. Application of Acts and subordinate statutes to investigation reports (related to non-compliance with the direction measurement);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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