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(영문) 창원지방법원 통영지원 2016.11.16 2016고단1518
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 October 9, 2016, the Defendant: (a) operated an EM5 vehicle, which is a workplace car in front of “D cafeteria” located in C at the same time on October 9, 2016; (b) was demanded to measure drinking on the ground that it was controlled by G police officers belonging to the LA police station F who was under the influence of drinking at the said place, and was in need of the measurement of drinking; (c) “I am, sweak, sweak, sweak, sweak, sweak, sweak, 5 meters, and 5 meters; and (d) the Defendant was discharged from H, upon receiving a request for support, from the policeman who arrived at the scene urgently; and (d) the Defendant meted, “I am sweed off, sweed off, sweed, sweed, sweed, sweed, sweed, sweed, sweed, sweed, and sweed.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. On October 9, 2016, at around 00:30, the Defendant violated the Road Traffic Act (Refusal to measure a drinking level) (hereinafter “Road Traffic Act”) was under the influence of alcohol, and the Defendant was under the influence of alcohol, as described in paragraph (1), while operating the EM5 vehicle from the Jorse shop located in I to the front day of the D cafeteria, as described in paragraph (1), while driving the EM5 vehicle, and the Defendant was under the influence of alcohol, due to reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making himself/herself so that he/she was under the influence of alcohol, he/she would have been under the influence of alcohol so that he/she would have been under the influence of alcohol, and he/she did not comply with a police officer’s request for a measurement of drinking level without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H and K;

1. Each investigation report (driving vehicles, video CDs);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 136(1) of the same Act concerning criminal facts.

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