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(영문) 부산지방법원 서부지원 2018.10.30 2018고단880
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2018, the Defendant interfered with the performance of official duties, on the roads in front of D Mart in Busan, Busan, on the road, and on the roads in front of D Mart in Busan, on the road, “the captain is attaching a person to the main body” was reported 112, and did not comply with the demand for a alcohol measurement from the light F of the police station E in the Busan, which belongs to the police station in the Busan, and the patrol officer G to take a alcohol test on the day after receiving a request for a alcohol measurement. However, the Defendant was 0.058% of alcohol level during blood alcohol level by taking a alcohol measurement with the perception of the police officer dispatched.

Defendant 1, who continued to be called with the above police officers, received from the police officer I of the Busan Police Station H department affiliated with the Busan Police Station Ha, and the police officer J voluntarily accompanying the police station to investigate the suspicion of driving without a license and driving without a license, but did not express any intent to do so, and did an act that seems to be the police officer in drinking while taking the above police officer’s desire for drinking and driving without a license and driving without a license, and assaulted the above kne kne of the police officer I.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting processing affairs.

2. The defendant is a person who is engaged in driving of a K Poter freight vehicle in violation of the Road Traffic Act, or in violation of the Road Traffic Act.

The Defendant driven a cargo vehicle under the influence of alcohol level of about 0.058% in blood without obtaining a driver's license in the section of about 5 km from the front day of the drinking house in the Sin-si of Busan, Busan, to the road in front of the same D Mart.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A written statement on the occurrence of L traffic accidents;

1. A report on investigation results, each investigation report, each traffic accident report (1) and a statement on the situation of the driver in charge;

1. A written diagnosis of injury;

1. Inquiries into the ledger of driver's licenses, the results of crackdown on drinking driving, and the application of the statutes governing the 112 Report Handling Cases;

1. Article 136 of the Criminal Act concerning the crime

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