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(영문) 춘천지방법원 2021.02.15 2020고단1404
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Road Traffic Act (Refusal of drinking measurement) by the Defendant was driven while under the influence of alcohol, such as drinking, drinking, snowing, and raining, in the C-way path located in the Hongcheon-gun Hongcheon-gun, Gangwon-do on July 7, 2020.

If there are reasonable grounds to determine a person, the police official did not comply with the demand for alcohol testing by a police official without justifiable grounds, even though he/she was requested to comply with the alcohol testing by inserting a slope F belonging to the Hongcheon Police Station E District, the Inspector G, which was dispatched to the site after receiving a report of 112.

2. The Defendant interfered with the performance of official duties was sent to the site on the same date and time as described in paragraph 1, at the same place as described in paragraph 1, and received a demand from F and G for the measurement of drinking alcohol, and expressed that “Cine was inside the driver’s license” was dried, and was money safe in the entrance towards the face of the above G.

This paper interferes with legitimate execution of duties concerning the handling of 112 reported cases by police officers and the measurement of drinking, etc. by spiting the number of spits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on internal investigation (on-site mobilization and investigation of witnesses), and a report on internal investigation (the details of attachment to a black stuff, video, and bald camp);

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes governing the parts of violence, color photographs, boom photographs of vehicles, and the shocking part of vehicles;

1. Relevant legal provisions of the Act concerning facts constituting an offense, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment recommended according to the sentencing criteria; and

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