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(영문) 대전지방법원 홍성지원 2016.04.25 2016고단32
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 September 16, 2015, the Defendant was under the influence of alcohol, such as smelling at the Defendant’s entrance, smelling on the front side of the Hamnnam Budget-gun, while driving a drinking motor vehicle at E X-ray on the front side of the Hamnam Budget-gun on September 16, 2015.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a request for measurement of alcohol by a police officer without justifiable grounds, such as leaving the scene without complying with a request for measurement.

2. On September 16, 2015, the Defendant who interfered with the performance of official duties would not comply with the measurement because he/she was requested by H in the circumstances where he/she belongs to the said district, H in the situation where he/she is in the budget-raising budget-raising budget-raising budget-raising budget-raising forestry cooperatives, and by a slope G to measure again drinking.

"In doing so, they assaulted the shoulder and chest of slope G in the left hand, and walking the left H's left mouth.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes to the statement of the circumstances concerning the driver at the main place;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (the point of refusing the measurement of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances for sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

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