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(영문) 서울동부지방법원 2018.11.30 2018고단3330
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

Criminal facts

1. On August 14, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven a motor vehicle with C-learning riding riding on the front side of the Gyeonggi-do Hacheon-si, B, with the influence of drinking on August 14, 2018, and driven a motor vehicle under the influence of alcohol, such as a very red and little snicking and a little string of the face of the Defendant from the slope affiliated with the police box of the Leecheon-cheon Police Station D who was dispatched after receiving the report 112. The Defendant driven the motor vehicle under the influence of alcohol.

If there are reasonable grounds to determine a person, a person who is requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument, and refuses the measurement of drinking by driving it in his/her hand.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. On August 14, 2018, at around 22:14, 2018, the Defendant: (a) was requested by the Assistant Inspector E of the Do Police Station D Station at the place indicated in the foregoing paragraph (1); (b) refused to take a breath test as stated in the foregoing paragraph (1); and (c) was notified that he was arrested of the Defendant as an offender in the act of committing a crime; and (d) the Defendant did not drive the Defendant.

A mobile phone cited while being imprupted is faced with the face of the above E.

Accordingly, the Defendant interfered with the execution of official duties by assaulting police officers who perform legitimate duties concerning the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Side photographs of the victim's assault, and the scene pictures of the case;

1. A report on internal investigation:

1. A criminal investigation report (survey of video data);

1. Application of the Acts and subordinate statutes to cover a photograph of a black stuffe image and a Handphone photographic photographic image;

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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