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(영문) 수원지방법원 2017.06.20 2017고단1010
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

1. On February 6, 2017, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), on the road traffic law (e., refusal to take a drinking level), committed an act that seems to have taken a drinking measuring instrument while receiving a request for a drinking test from G G at the police station of the Suwon Western Police Station, which called the victim E, a company under the influence of alcohol, while driving a DPoter vehicle under the influence of alcohol in front of C, a company under the influence of the Defendant, and received a report from the victim E, E, a company under the influence of the Defendant, while driving a DPoter vehicle under the influence of alcohol, and thus, did not comply with it without justifiable grounds.

2. On February 6, 2017, at around 23:10, the Defendant: (a) was required to take a drinking test from G (29) at the places indicated in paragraph (1) at around 23:10, but did not comply therewith; (b) attempted to go on the back seat of 112 patrols where he was parked in the said places without complying therewith; (c) the Defendant continued to demand the Defendant to take a drinking test; (d) thereby, the Defendant obstructed the police officer’s lawful performance of duties concerning the investigation of crimes and the prevention of traffic hazards by making a balp and pushing the balle, thereby obstructing the Defendant’s performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident-related statement of E;

1. A statement on the circumstances of the driver involved in the shipowner, a detailed inquiry and a report on the detection of the driver involved in the shipowner;

1. Application of Acts and subordinate statutes to vehicle photographs and drinking photographs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for each crime, and the minimum sentence shall be determined by the crimes of violation of traffic laws on roads; and

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 sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. is conducted.

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