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(영문) 수원지방법원 2015.08.27 2015고단2405
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

On May 10, 2015, the Defendant was demanded by police officers F, G, etc. belonging to the police box called “on a vehicle suspected of being a sound driving” to respond to the measurement of drinking, while driving the DMW car under the influence of the Defendant’s possession while drinking alcohol on the front of the Young-gu, Young-gu, Suwon-gu, Suwon-si.

At the time, F et al. judged that there are reasonable grounds to recognize that the defendant was driven under the influence of alcohol, such as a large amount of smelling and a lack of proper speech.

Nevertheless, the Defendant refused this and attempted to flee on his job, and attempted to flee again, such as “I will see, whether I will do so, because I will see. I will see. I will die. I will die. I will kne kne with the right kne, and attempted to flee again. He arrested the Defendant as an offender in the act of committing a crime and attempt to take on the patrol. I expressed that “I will see this kh kh kh kh kh kh kh kh kh kh hh hh hh hh hh h h h h hh h h h h h h h h h h h h h h h h h

As such, the Defendant was arrested as a flagrant offender of the crime of obstruction of performance of official duties and became a police box, and was requested from 22:45 to 23:05 to 23:05 to respond to the measurement of drinking, but refused it.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties, and did not comply with a police officer's request for alcohol measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of F and H;

1. Application of Acts and subordinate statutes reporting the circumstances of running a driving house;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act, and Article 44(2) of the Road Traffic Act (a point of refusal of measurement of noise), and each imprisonment with prison labor;

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