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(영문) 창원지방법원 마산지원 2018.12.14 2018고단916
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. 공무집행 방해 피고인은 2018. 4. 19. 01:50 경 창원시 마산 합포구 C에 있는 D 모텔 주차장에서 마산 중부 경찰서 E 파출소 소속 경위인 F이 피고인을 모욕 혐의로 현행 범인으로 체포한 다음 마산 중부 경찰서 E 파출 소로 인치하기 위해 순찰차에 태우려고 하자 이에 저항하면서 위 F의 왼쪽 허벅지 부위를 발로 2회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. On April 19, 2018, the Defendant considered a violation of the Road Traffic Act (refluence of alcohol measurement) on and around April 19, 2018, the Defendant driven a motor vehicle under the influence of alcohol by driving the motor vehicle at the E box located in Chang-si G in Chang-si, Changwon-si, Changwon-si, and the Defendant was driving the motor vehicle under the influence of alcohol, such as the Defendant’s face is very red with a large number of smells.

Even though there are reasonable grounds to determine a person, he/she has been requested to comply with the measurement of drinking by inserting the whole of drinking in a drinking measuring instrument for about 20 minutes from that time, he/she failed to comply with the request for measurement of drinking without justifiable grounds.

3. On April 19, 2018, the Defendant driven a H rocketing car without obtaining a driver’s license in approximately 1.3km section from the front side of the Marsan Fire Station located at the 55st wharf of the Changwon-si, Changwon-si, Changwon-si, Masan-si, to the Delel parking lot located at the Changwon-si, Changwon-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report and inquiry into criminal history;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Article 136 of the Criminal Act applicable to the crime, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 148-2(1)2, and Article 44(2) of the Road Traffic Act (the rejection of measurement of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driving).

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