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(영문) 의정부지방법원 고양지원 2018.02.02 2017고단3570
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

On November 16, 2017, the Defendant reported on November 16, 2017 to the effect that he/she is a drinking driver in front of his/her Goyang-gu B in Gyeyang-gu, Youngyang-gu. and received a request for a drinking test from a policeman affiliated with C of the Gyeonggi-do National Police Agency C, the Defendant was forced to do so under the influence of alcohol.

C. The driver expressed flap chro chro and obstructed the police officer's legitimate execution of duty in relation to the police officer's 112 reporting duty by keeping the face of the D one time with the right hand.

The Defendant, on November 16, 2017, 200:15, was under influence of alcohol in front of the Yongyang-gu B, Seoyang-gu, 2017, and was under influence of alcohol and was driving a motor vehicle under influence of alcohol in front of the 2017.11. 0:15, while the Defendant was under influence of alcohol at around the 200:15, the Defendant: (a) was driving a motor vehicle under influence of appearance, such as the influence of alcohol in front of the brea-gu, Seoyang-gu; and (b) was called to the site upon receipt of a report on drinking; (c) “The Defendant was under the influence of alcohol, with a large amount of drinking alcohol, red, inaccurate, inaccurate, or inaccurate, and the Defendant was under the influence of alcohol.”

“A reasonable ground exists to determine the person,” upon receiving a request for a drinking test on the ground of the foregoing, the police officer was arrested in a flagrant offender by assaulting the foregoing D, who was a police officer, and the police officer was arrested in the same Gu and moved to the F district of the High Police Station in the same Gu immediately. From 02:23 to 02:36 on the same day, the police officer in charge requested a drinking test by the respiratory method from the police officer in charge three times in total at the above FF District Office without justifiable grounds.

Accordingly, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

"2017 Highest 3570"

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A copy of the 112 reported case processing table "2017 Highest 3645";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of the ledger using drinks for drinking;

1. Application of statutes on site photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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