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(영문) 대구지방법원 김천지원 2020.02.12 2019고단1742
공무집행방해등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act on March 25, 2009, and was sentenced to a suspended sentence of KRW 1.5 million on July 22, 2010 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) and a violation of the Road Traffic Act.

On July 14, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for obstruction of performance of official duties and violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 14, 2016, and completed the execution of the sentence on January 11, 2017.

1. Around 04:32 on December 14, 2019, the Defendant driven a Fone Starex under the influence of alcohol leveling 0.105% from the section of about 2 km from the adjacent road to the E-cafeteria located in Gumisi-si, Gumi-si, to the road in front of the E-cafeteria located in Gumisi.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. At around 05:00 on December 14, 2019, the Defendant: (a) reported 112 on the road in front of the E cafeteria located in Guro-si; and (b) requested a drinking test by the police officer H, etc. to a police officer affiliated with the former American Police Station G police box, who called out after receiving a report of 112 that “the driver is driving on the way, and is within the driver,” and (c) measured the blood alcohol level, the Defendant was 0.105% of the 0.10% of the 0.10% of the 0.10% of the 0.10% of the 06 police officer’s chest, who was recorded

Accordingly, the defendant interfered with the legitimate performance of official duties on the handling of 112 reports by police officers and the drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Attachment of on-site photographs, cryp photographs, etc. taken to do so;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports (verification of the same criminal records and date of release) Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting a crime;

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