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(영문) 창원지방법원 2019.01.09 2018고단2365
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. Around 01:40 on August 31, 2018, the Defendant, without a driver’s license, driven a car in F body from about 1km to the road front of the Cju shop located at the window B of the Changwon-si, Changwon-si without a driver’s license.

2. On August 31, 2018, at around 01:46, the Defendant violated the Road Traffic Act (Refusal of measurement) finds out the developments leading up to the Changwon Police Station G Police Station that is under the influence of drinking, while driving a Froon vehicle in front of the Eelon in front of the window at Changwon-si, and finds out the developments leading up to the police station at the Changwon Police Station that is under the influence of drinking. After stopping, the Defendant escaped from the said vehicle to the 13-12 parking lot at the window at Changwon-si, Changwon-si, which was driven by the Defendant, and attempted to escape from the Defendant from the slope I belonging to the above police box that was driven by the Defendant, with considerable reasons to recognize that the Defendant was driven under the influence of drinking, such as smelling on the face, while driving the Froon vehicle under the influence of drinking, and failed to comply with a request for measurement of drinking by a police officer without justifiable grounds.

3. At around 01:50 on August 31, 2018, the Defendant: (a) took a bath in the process of arresting a flagrant offender in the process of committing a crime of violation of the Road Traffic Act (refluence) from the security guards belonging to the Chang Police Station G police box of the Chang Police Station; and (b) assaulted the faces of the above I’s face face and the part of the above H with the arms.

Accordingly, the defendant interfered with the legitimate execution of official duties on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of five copies of criminal records, correspondence records, written judgments, etc.;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the Road Traffic Act;

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