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(영문) 대구지방법원 김천지원 2017.03.24 2016고단1547
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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. On August 19, 2016, the Defendant obstructed the performance of official duties: (a) driven a rocketing motor vehicle while drinking alcohol around 3:08, and was on the old and previous road D in front of the old and previous U.S., while working for drinking control; (b) was discovered to have a drinking reduction by the driver F belonging to the police station E of the old and previous U.S. police station, who was in the nearby parking lot for the purpose of measuring drinking; and (c) was traveling along the G-lane, which is a traffic survey vehicle of the former and previous police station.

While the Defendant refused the Defendant’s request for the measurement of the driver’s drinking in the above vans without any justifiable reason, the Defendant taken the Defendant’s cell phone with the seat of the crime in violation of the Road Traffic Act, and collected evidence, the Defendant’s left hand, which is the auxiliary police officer of the police station H in the old-U.S. police station, one time from the Defendant’s hand-on floor to the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on drinking by public officials.

2. The defendant is in a drunken state, at the time, time, place, and at the place specified in paragraph (1).

인 정할 만한 상당한 이유가 있어, 경장 F로부터 음주 측정기에 호흡을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 불구하고, 3회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 정당한 이유 없이 음주 측정에 불응하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Application of the statutes governing screen pictures and CDs;

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

1. Article 37 (former part of Article 37 of the Aggravation of Concurrent Crimes, Article 38 (1) 2 and Article 50 of the Aggravation of Concurrent Crimes (an aggravated punishment for concurrent crimes resulting from the obstruction of the execution of heavier official duties, provided that the lower limit is the same;

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