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(영문) 수원지방법원 안산지원 2014.08.20 2014고단1624
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 01:10 on March 3, 2014, the Defendant driven CMF5 vehicle without obtaining a driver’s license in a section of about 15 meters from the front of the Han River Station that moves from the Han River Station in Ansan-si to the front of the Han River Station in Ansan-si, Ansan-si.

2. Around 01:10 on March 3, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement of the noise level) demanded that the Defendant comply with a drinking test by injecting the vehicle under the influence of alcohol, such as the Defendant’s 5 vehicles destroyed and damaged at the front of the Gangseo-gu parking lot traveling in Ansan-si, where the vehicle was parked at the same place, and receiving a report from F, such as taking the vehicle back to the driver of the Ansan-gu Police Station E District Unit of the Ansan-gu, the Ansan-gu, Police Station, which called out after receiving a report by destroying the five vehicles, such as taking the vehicle back at the front of the Gangseo-gu, the vehicle under the influence of alcohol level from around 01:21 to 02:01 on the same day.

Nevertheless, the defendant, while taking a bath to F, failed to comply with a police officer's request for measurement of drinking without justifiable grounds by avoiding the measurement of drinking while posing a desire to detect a drinking event.

3. The Defendant committed an assault, such as, at the same time and place as, the preceding paragraph of the obstruction of performance of official duties, the Defendant, who was requested by F to comply with a drinking test by a policeman F, who belongs to the Ansan Police Station E District E District of the Ansan Police Station, that “I interfere with and grow up the police kis, and go ahead of the inspection,” and assaulted the F’s left side buckbucks on the right bridge.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident occurrence report;

1. Report on the situation of a drinking driver, the use of a drinking measuring instrument, the transfer register, and the report on the entry of a drinking driver;

1. On-site photographs (Refusal of the measurement).

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