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(영문) 수원지방법원 2016.11.10 2016고단4537
공무집행방해등
Text

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

1. On July 13, 2016, at around 21:56, the Defendant was found to have parked and driven the said vehicle on the road in front of the said 103-dong-dong 103 new apartment-type 63-dong 103, Jin-ro, Jin-ro, Jin-ro, Jin-ro, Jin-ro 34, Jin-ro, Jin-ro, Esch Rexn, the driver of the Esch Rexn vehicle spton sprink up two times to the stife of the vehicle, and drive the Sejong apartment-dong spam-dong 3rd apartment with the third-dong 3-dong knife, which was called up after receiving a 112 report.

피고인은 당시 언행이 횡설수설하고, 술 냄새가 심하게 나며, 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 22:30경부터 22:55경까지 3회에 걸쳐 위 G으로부터 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받고도 입김을 불어넣는 시늉만 함으로써 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. On July 13, 2016, around 22:43, the Defendant expressed a bath on the ground that the said G requires a alcohol alcohol measurement to the Defendant in front of the 63 new apartment 103-ro 103 old apartment 103, Jin-gu, Jin-si, Jin-si, Jin-si, and expressed 7-8 parts of the above G’s name and face at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to photograph suspects;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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