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(영문) 대전지방법원 2018.10.26 2018고단2406
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 19, 2018, the Defendant was sentenced to a suspended sentence of ten-month imprisonment for a crime of fraud at the Daejeon District Court on June 19, 2018, and the judgment became final and conclusive on June 27, 2018, and is currently under suspended sentence.

On July 12, 2018, the Defendant “(2018 Highest 2406)”, on July 12, 2018, the Defendant wishes to reverse the “Fresh D (33 tax) affiliated with the Busan Police Station C District D (S) which requires a drinking measurement on the front side of Seo-gu Daejeon Special Metropolitan City, in a traffic accident investigation squad 18:52.

"In doing so, D's buckbucks 4 times in drinking, and D's face was taken once by left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

The Defendant driven at around 18:10 on July 12, 2018, 2018, 2011, the 2018 Goeman 2440, the Defendant: (a) while driving a rocketing car and driving a shot village of a highly shot village located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, with the boundary of India and street trees at the four-day distance from the Ne-gol-gol site of sublime, and was driven under the influence of alcohol by the Defendant from the police officer of the transportation investigation team of the Busan Police Station called upon receipt of the report.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting the whole in four times from around 18:45 to around 19:00 on the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a copy of a suspended sentence, "2018 Gool 2406";

1. Statement by the defendant in court;

1. Statement of the Supreme Court in D "2018 Highest 2440";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

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