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(영문) 춘천지방법원 강릉지원 2014.07.03 2014고단432
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 3, 2014, the Defendant violated the Road Traffic Act (Refusal to measure a noise level) (hereinafter “Road Traffic Act”), which was driven by a CMM vehicle under the influence of alcohol on May 3, 2014, and turned to the parking lot from the side of the access road to the 1st apartment road located in the Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-do, and was temporarily parked in order to find a space to park at the above apartment parking lot.

The Defendant was required to respond to the drinking test by inserting approximately 20 minutes a drinking measuring instrument through which the Defendant was under the influence of alcohol, such as smelling at the Defendant’s entrance from the superintendent F of the police station E zone of the Gangnam Police Station, sniffing on the face of the Defendant, etc., who was called upon the foregoing traffic accident, and driving under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

2. The Defendant was requested to take a alcohol test on the ground that there is a reasonable ground to believe that he was driven under the influence of alcohol from G guards of the Gangnam Police Station E district police station, who was dispatched to the site after receiving a report of a traffic accident at the time and place specified in paragraph (1) at the same time and place as specified in paragraph (1), but was arrested by the police officers dispatched to the site for refusal

계속하여 피고인은 위 G가 피고인을 순찰차에 태우려고 하자 G에게 “좃나, 씹새끼야”라고 욕설을 하면서 주먹으로 G의 얼굴을 약 10회 때리고, 발로 피해자의 다리를 수회 걷어차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of G and H;

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

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. The application of the Act and subordinate statutes to the investigation report (SPP).

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