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(영문) 대전지방법원 2019.08.13 2019고단2113
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. At around 18:31 on May 20, 2019, the Defendant received 112 report from Sejong City, 'C cafeteria’, which read, “Negngn, fluent, bath, or drinking,” and sought the horses from the C Zone D District Unit of the Sejong Police Station, which had been called up to “Negn, fluord, hing, and F, who had driven a drinking test from G of the said 112 reporter, and sought a drinking test from the Defendant, and assaulted twice the part of the said F on a so-called arm’s length.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officers in uniform.

2. On May 20, 2019, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level) (e., refusal to take a drinking level) and was demanded to comply with a drinking test by inserting it into a drinking-free measuring instrument four minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as making the Defendant’s statement that he/she was driving under the influence of alcohol at the D Zone Office located at Sejong-si (H) on May 20, 2019.

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, report on the circumstances of a drinking driver, notification to departments related to 112 reported cases, report on 112 reported cases, report on internal investigation, ledger of use of a drinking-free measuring instrument, and inquiry into the enemy;

1. Application of Acts and subordinate statutes to field photographs and photographs which refuse to measure drinking;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the former Road Traffic Act (amended by Act No. 1504, Dec. 24, 2018) concerning criminal facts.

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