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(영문) 제주지방법원 2018.01.09 2017고단2715
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2017, at around 17:15, the Defendant obstructed the performance of official duties and was parked on the road in front of the gold ray 5992, a week before the Jeju Island, while driving the C Cost Star She on a main line, and being asked E to ask questions as to whether he had driven a vehicle from the slope E of the Jeju Western Police Station D Police Station, dispatched to the site by the immediately preceding Defendant after receiving a report that he/she is driving the vehicle on drinking, and having been asked about whether he/she had driven the vehicle from the slope E by the relevant slope.

The number of cases to be raised has been

The term "the bath theory" and "the flabbage" were flabed by hand, and the part of the flab was assessed by 2 hand.

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

2. On September 11, 2017, the Defendant was driving a vehicle under the influence of alcohol, such as smelling and smelling on the face of the Defendant, at the Jeju Police Station D police box located in the Jeju City F from around 37 to 17:57, and from the slope E belonging to the said police box called the Defendant upon receiving the Defendant’s driving report as stated in paragraph (1).

Although there are reasonable grounds to recognize it, it was requested to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument over about 20 minutes, the person did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs of damaged vehicles and photographs of damaged parts;

1. The application of the detailed statement report, investigation report, application of the relevant Acts and subordinate statutes to the principal driver's report;

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, Article 38 (1) 2, and Article 50 of the same Act (the lowest limit shall be determined for the crime of violating the Road Traffic Act (the act of refusing to measure drinking);

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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