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(영문) 대전지방법원 2015.10.28 2015고단2910
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2015. 5. 22. 03:30경 대전 서구 C건물 A동 지하 3층 주차장에서, D 마티즈 승용차의 운전석에 앉아 시동을 켠 채 조수석에 앉은 여자친구와 함께 잠을 자다가 “빨간색 마티즈가 있는데 남녀 커플이 이상하다, 움직임이 없다”는 112신고를 받고 출동한 경찰관 순경 E, 순경 F로부터 술냄새가 난다는 이유로 음주측정을 요구받게 되었다.

Accordingly, the Defendant, who gets off the driver’s seat, shacks the above police officers by setting up a string, and scambling the string of the above police officers, and scambling the above E’s left shoulder by hand, and pushed off the above F’s right shoulder.

As a result, the above police officers assaulted the F's face and body in order to continuously take the Defendant on the patrol vehicle, and booming the part of the E in the breath, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the duty of reporting and withdrawal.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded from the above F to respond to the measurement of drinking for about 40 minutes on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s arrest of flagrant offenders in Seo-gu Daejeon, Daejeon-gu, Daejeon, for the foregoing reasons as above, such as snow fluoring snow and snow fluoring, fluoring, drinking, and smelling.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

3. On May 28, 2015, the injured Defendant was at the “Jju” located in Seo-gu Daejeon, Seo-gu, Daejeon on May 28, 2015, while drinking alcohol together with the Victim K (34 years of age) with the victim K, while drinking alcohol, the victim was satisfing his face and satisfing his body with both hands on the ground that the victim neglected himself.

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