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(영문) 수원지방법원 2017.06.07 2016고단8035
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 11, 2016, the Defendant: (a) around 21:35 on December 21, 201, the Defendant: (b) took a response at the site of drinking on the street in front of KTW-dong, and (c) took a desire to take a drinking test from B during the circumstances belonging to the police station of the Dong-dong Police Station, and (d) took two times the left part of the above B, and (e) took a right part, one time at the right hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of public order.

2. Violation of the Road Traffic Act (refluence of alcohol measurement) Defendant 1 driven a vehicle under the influence of alcohol, such as drinking alcohol to the above Defendant while driving a CKaren vehicle under the influence of alcohol on the front of KT in the wife population and Kim Fran-dong at the time of the above day, while driving a CKaren vehicle under the influence of alcohol.

Even if there are reasonable grounds to determine a person, from around 22:10 to 22:32 of the same day, he/she was requested to comply with a police officer's request for the measurement of drinking without justifiable grounds by inserting the measuring instrument into a drinking measuring instrument three times from the office of the department of the police station D of the Gandong-dong Police Station located in Gandong-dong, Gandong-dong, which is located in 143, in the Republic of Korea, for the purpose of avoiding the demand

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to the preparation of a warning against B;

1. A E-document;

1. Application of the Acts and subordinate statutes to photographs by filing a circumstantial report on drivers of the main place of business, refusing to measure, photographs of victims, or capturing images impeding the performance of official duties;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - The defendant refused to comply with a police officer’s request for measurement of drinking, and he assaulted a police officer who is performing legitimate duties, taking into account the quality of the crime.

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