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(영문) 대구지방법원 포항지원 2019.02.14 2018고단1180
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 22:45 on June 25, 2018, the Defendant: (a) received 112 report from the Defendant and his agent, and received a recommendation from the police officers E and F to return to the house to the back of the patrol line; (b) provided, “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I see that I am to the back of the patrol line, I am under the influence of alcohol, I am to “I am to the back of the patrol line, I am to the police, I am to am, I am to it, I am to the son, I am to the son, I am to the son, I am to the son, I am to the son, I am to the son, I am to the son.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

On October 5, 2018, the Defendant: (a) around 22:35 on October 22, 2018, 2018, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument three times until 22:45 of the same day in a manner that the Defendant was under the influence of alcohol, such as: (b) the police box belonging to K and the police box belonging to the Ponding Police Station of the Ponding Police Station of the Ponding Sea that called the Defendant, while stopping the said vehicle on the lane; and (c) the Defendant was deemed to have driven under the influence of alcohol, such as the Defendant was able to have measured the alcohol reduction response; and (d) the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument for three times in a breath time until 22:45 of the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

[2018 Highest 1180]

1. Defendant's legal statement;

1. Each police statement of E and F (2018 highest 1345);

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a host driver) and investigation report (on the spot and on the refusal of drinking alcohol measurement by a suspected suspect)

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. The point of obstructing the performance of official duties by relevant legal provisions on criminal facts: the point of refusing the measurement of alcohol under Article 136 (1) of the Criminal Act: Road Traffic Act.

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