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(영문) 대구지방법원 2018.01.25 2017고단5581
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 22, 2017, the Defendant was under the influence of alcohol in light of the Defendant’s state, etc., such as: (a) the Defendant, while driving a Fworket car in front of an E cafeteria located in Daegu Northern-gu, Daegu-gu, while drinking on the road; (b) the Defendant, upon receiving a report from the police officer J of the Daegu Northern Police Station I Station of the Daegu Northern Police Station called for the said G, pursuant to the collision with the low H-class car driven by G while standing in the front of the E cafeteria; and (c) the Defendant was under the influence of alcohol in light of the Defendant’s state, etc., such as the Defendant’s statement of the said G and smelling on the inside of the inside.

Although there are reasonable grounds to determine a person, even though he/she was requested to respond to the measurement of drinking by inserting approximately 15 minutes of a drinking measuring instrument three times, he/she attempted to leave the scene, attempted to leave the scene, and interfere with the police officer's body, etc., he/she did not comply with the police officer's request for measurement of drinking without justifiable grounds.

2. The Defendant’s interference with the performance of official duties, as seen above, stated in the indictment of the police officer KK as “J” while refusing to measure drinking at the same time and place, but this appears to be a clerical error in the indictment of the police officer, and even if the indictment was corrected without any amendment to the indictment, it does not seem that the Defendant’s failure to exercise his/her

The act of assaulting the police officer, such as spitation of water that was spiting the nature of the police officer and spiting the water that was spited on the spit, and obstructing the legitimate performance of duties concerning the investigation of the police officer's crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1. Application of Acts and subordinate statutes to the statement of the circumstances of the driver at the main driver, investigation report (the situation report of the driver at the main driver), investigation report (Evidence List No. 7);

1. Article 148-2 of the Road Traffic Act applicable to the crime, Articles 148-2 and 44(2) of the same Act (the rejection of drinking alcohol measurement, the choice of imprisonment) and Article 136(1) of the Criminal Act (the freedom of performing public duties, the choice of imprisonment, etc.).

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