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(영문) 제주지방법원 2014.10.08 2014고정784
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2014, the Defendant: (a) around 06:42 on June 20, 2014, the police officer dispatched to the site to handle a traffic accident from the Jeju Japan Private Road distance while in Jeju Island; (b) requested the Defendant to take a alcohol test on several occasions, but refused without good cause.

Accordingly, the head of Jeju Dong-dong Police Station B District B(E, 48 years old) made a voice recording to prove the defendant's refusal to take a drinking level using a portable police device.

The Defendant, who was dissatisfied with C’s voice recording related to the non-compliance with drinking measurement, prevented C from recording voice by using violence, such as putting a portable device, which C saw as his hand, by putting it on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers against non-compliance with drinking driving measurement.

On June 20, 2014, the Defendant, at around 05:50 on June 20, 2014, driving D observers in the state of non-licensed license and driving D observers in the state of transfer at Jeju. On the south side of the road after the Jeju Middle School, which is in the movement of Jeju Island, is proceeding on the north side of the substations as the middle-distance bank of the substations.

The latter part of the FRati vehicle in the traffic signal E (ma, 23 years old) was caused by a physical traffic accident shocking by the front part of the vehicle.

Since there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the Defendant’s smelling in the Defendant’s entrance at the time, the Defendant’s other drinking-free, and the reaction of drinking, etc., the Defendant was demanded to comply with the drinking-free measurement by inserting approximately 30 minutes of the drinking-free measuring instrument from G in the BB police zone after he was in the direction to put the body into a drinking-free measuring instrument three times from G.

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

Summary of Evidence

1. Defendant's legal statement;

1. C, .

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