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(영문) 서울동부지방법원 2019.03.27 2019고단93
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 23:55 on December 12, 2018, the Defendant was under the influence of driving CK7 car while drinking alcohol to the front side of Gwangjin-gu Seoul Special Metropolitan City, and the Defendant was demanded to comply with the drinking alcohol measurement by inserting it into a drinking measuring instrument three minutes for about 20 minutes on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol at the Defendant’s entrance, drinking alcohol, and drinking alcohol from Embnascing police boxes affiliated with the Seoul Mine Police Station D commander, who called out after receiving the report under paragraph (1) above, and drinking alcohol from Embnas F, the Defendant was under the influence of alcohol.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for a drinking test without justifiable grounds.

2. The Defendant committed assault, on two hand, at the time and place of performance of official duties, that he was demanded by F to comply with a drinking measurement, such as bather fat, and then bather bat, and then batd.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. F statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Penalty provision Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the same Act;

1. Among concurrent offenders, there are many same records, such as the former part of Article 37 of the Criminal Act and the recent records of the suspension of the execution of the sentence of Article 38 are three times.

The punishment shall be reasonable.

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