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(영문) 수원지방법원 안양지원 2020.04.02 2019고단2669
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2019, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

1. On November 14, 2019, the Defendant of the obstruction of performance of official duties: (a) moved in the driver’s seat of a 486 human-learning passenger car during the Ansan-si period; (b) was seated in the driver’s seat of the B-learning passenger car; and (c) was dispatched after receiving a report on 112, “the vehicle stopped at the center as far as it stops before the seventh-distance Scandon-gu, Scandon-gu, 7,” and tried to stop the car’s door and close the car’s door while requesting a sobling by D from the security guards belonging to the police station zone D during the inner period during which he was called.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 reported mobilization.

2. Violation of the Road Traffic Act (Refusal to take a drinking level), at the above date, at the above place, the Defendant rejected a request for a drinking level twice even if there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s face with red and smelling, and being locked in the driver’s seat, etc. from D in the process of being dispatched after receiving the report 112 as above, and did not comply with the drinking level measurement by police officers, such as refusing to take a drinking level on the same day and around 22:47 of the same day.

As a result, the defendant driven a motor vehicle while under the influence of alcohol, and did not comply with a police officer's drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, site photographs, and detailed statement of handling reported cases;

1. c. 2

1. Whether each investigation report, internal investigation report, or suspect drinking in the earth is refused;

1. Previouss before judgment: Criminal records, inquiry reports and investigation reports and drinking;

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