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(영문) 대구지방법원 2016.02.16 2015고단6247
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 November 25, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s slope C belonging to the District Party B of the Daegu North Korean Police Station, a slope C, who was sent to the police station, with a view to drinking while driving the motor vehicle at the center of Daegu North Daegu Northern-gu, Daegu, in front of the 543 home fluoring in front of the fluoring point of the 543 home fluor, with a view to driving the motor vehicle while driving the motor vehicle in front of the fluoring point of the fluoral in front of the fluoring point of view.

Along with the requirement to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument for a reasonable reason to determine the person, the above C shall be entitled to receive the measurement of alcohol.

“A police official did not comply with a police official’s request for measurement of drinking without justifiable grounds, such as actively expressing his/her intention to refuse to take a drinking test.”

2. The Defendant interfered with the performance of official duties: 1. A.m., at the time and at the place described in paragraph (1) that “A.m., he was aware of the Chewing gueste”

The breathal theory " was scambling C’s breath while debrising C’s bat.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Scope of a recommended punishment] The basic area (from June to one year and four months) of the type 1 (Interference with the performance of official duties and coercion of duties) shall not be a person who has no special sentencing factors.

(b) multiple crimes;

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