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(영문) 청주지방법원 2018.09.21 2018고단1659
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2018, at around 00:05, the Defendant: (a) driven a vehicle under the influence of alcohol by the Defendant from the circumstances D and security guards E belonging to the C Zone, who was dispatched upon receipt of a report from the Defendant that the vehicle of the Defendant returned to the apartment and continues to maintain the horn in the apartment site B, on July 1, 2018.

If there is a reasonable reason to determine a person, the face of the above E is taken once by the person, hand, etc. who is requested to reduce drinking, and assaulted the above D's hair once by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. 모욕 피고인은 제 1 항 기재 일시, 장소에서, F을 비롯한 아파트 주민 약 4명이 듣고 있는 가운데 위와 같이 음주 감지를 하려는 피해자 D와 피해자 E에게 “ 이 새끼 좆나게 웃기네, 이 병신 같은 새끼들, 이 씨 발 놈, 야 개새끼야, 야 씨 부 랄 놈들 아, 꺼져 새끼들 아, 나 A이야 꺼져, 이 새끼들 씨부랄놈아 ”라고 욕설을 하여 공연히 피해자들을 모욕하였다.

3. The Defendant was arrested as a flagrant offender interfering with the performance of official duties at the time and place specified in paragraph (1), and was driven under the influence of alcohol by the C District District located in C with the 00:15 square meters of the same day, such as a result of drinking alcohol reduction to the Defendant from the above E, while driving under the influence of alcohol.

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 20 minutes (0:42, 00:48, 00:56, 01:02) a drinking measuring instrument.

Nevertheless, the Defendant, by means of speaking that there is no fact of driving, failed to comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. An explanatory note (three copies of a voice file CD and a photograph);

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