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(영문) 대전지방법원 2017.02.22 2016고단3849
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 18, 2016, the Defendant was required to comply with the drinking test on the ground that he/she was found to have drunkd in the front line of the Gyeongnam apartment, which was located in the 134 from the Seo-gu, Seo-gu, Daejeon on October 18, 2016, on the ground that the Defendant was in compliance with the drinking test on the ground that he/she was found to have drunkd in the front line of the 130 minutes following the front line of the 112th century, and that he/she was in the first line of the 30 minutes following the report.

Defendant 1 was requested by the Inspector D to respond to a drinking test, and the driving of drinking on the day of the instant case is likely to be discovered if the alcohol is measured due to the fact that the Defendant was driven by drinking from the previous day of the instant case, and the Defendant expressed to the Inspector D that “I am at once from the Defendant’s arm’s length, we am at the time, and the police am at the time,” and assault D’s chests at one to two times due to the Defendant’s loss when D demanded a continuous drinking measurement, and the background used it to assault D’s chests at the time when D intended to arrest the Defendant as a flagrant offender interfering with the performance of official duties.

Accordingly, the defendant interfered with the police officer's drinking measurement and the legitimate execution of duties concerning the arrest of flagrant offenders.

On October 18, 2016, the Defendant driven an Efran vehicle under the influence of alcohol with approximately KRW 0.075% alcohol concentration in blood at the section of about 1km from the fourth four streets near Seo-gu, Daejeon to the front of the Korean University at the same time, which is located in the 155-40 course from the fourth four streets near Seo-gu, Seo-gu, Daejeon to the front of the Korean University at the same time.

Summary of Evidence

[2016 Highest 3849]

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A written statement of G [2016 Height 4057];

1. Statement by the defendant in court;

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

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Road Traffic Act concerning criminal facts.

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