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(영문) 대구지방법원 김천지원 2014.12.11 2014고단1077
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 18, 2014, the Defendant: (a) while driving a B B-house while drinking alcohol on the road of the community service center located in the Gu-U.S. Si, Si, 2014, the Defendant was driving a B-house while driving the B-house on the road of the community service center, and was driving the B-house, following the taxi in the traffic signal atmosphere, and went to the C-district located in the Gu-U.S. Si, Si, where he was called upon 112 report and was called out.

When the Defendant arrived in front of the said C District, he saw Doc itself Doc, “I am hyp hyp? I am hyp? I am hyp? I am hyp? I am hyp? I am off the door of the patrol car, and I am hyp from D, so I am hump at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol and suppression of crime by police officers D 112.

2. Around 04:55 on the same day, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 30 minutes of the alcohol measuring instrument in a manner that the Defendant was under the influence of alcohol, such as smelling and lifting on the face at the time when the said accident occurred while driving in the above C District. As there are reasonable grounds to recognize that the Defendant was under the influence of alcohol at the time of the occurrence of the said accident.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, circumstantial statement reports, copies of the register of breath measuring instruments used, internal investigation reports, breath measurement photographs, and actual sulfur survey reports;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Aggravation for concurrent crimes;

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