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(영문) 전주지방법원 정읍지원 2018.10.16 2018고단206
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2018, around 00:32, the Defendant: (a) driven a motor vehicle owned by the Defendant while under the influence of alcohol for approximately 2 km from around 311 to about 28:5 meters in the direction of the Go Chang-gun, North Chang-gun; (b) around 00:32, the center of the North Chang-gun; and (c) around 311:0,000,00

At around 02:10 on the same day, the Defendant was faced with disturbance, such as standing on the road and opening windows, etc., during the process of the report of the 112 reported case, the Defendant used the Defendant’s chest to ask the police officers, such as E in charge of the 112 reported case, to inquire about whether the Defendant was drinking, such as the slopeF’s chest, and the slopeF’s breast at one time as a drinking, and the Defendant used the sloping F’s knife at two hand, and flife E’s left top door by walking at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. The Defendant, in violation of the Road Traffic Act, was arrested as an offender in the act of committing a crime of paragraph (1) around 02:50 on the same day, and was transferred to the D Zone located in the Go Chang-gun G in North Korea on the same day, and the Defendant, as referred to in paragraph (1), was found to have been seated in the driver’s seat while under the influence of alcohol and driving a drinking.

If there are reasonable grounds to determine a person, the police officer belonging to the above global group requested to comply with the measurement of drinking at intervals of five minutes by inserting the whole in a drinking measuring instrument three times at intervals of five minutes from H, but did not comply with the measurement of drinking without justifiable grounds, alleging that there is no reason for driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Efafags to a fagyms;

1. Photographss of patrol vehicles by cutting down booms images;

1. Circumstances report of the driver of the main place of business (number of cases: 2018-357);

1. Statement report on the circumstances of the driver at home;

1. A report on internal investigation (a photograph refusing to measure drinking);

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense (the rejection of the measurement of drinking alcohol) of the relevant Act;

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