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(영문) 대구지방법원 김천지원 2016.09.21 2016고단639
특수공무집행방해등
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. On May 12, 2016, the Defendant driven D CIT-100 Obaba, while under the influence of alcohol content of approximately 0.18%, without a motor device license, at the 10km section from the front side of the injuries injured by Kimcheon-si, Kimcheon-si, and passing through the Agricultural Cooperative at the same time via the front side of the road in the same city, and driving DIT-100 Obaba in the state of under the influence of alcohol content of approximately 10km from the 10km section to the front side of the police box in the same city.

2. On May 12, 2016, the Defendant obstructed the performance of special official duties, at around 20:10, the Defendant driven CITI-100 0% cIT-188% under the influence of alcohol while driving the cITI-188% alcohol while having been under the influence of alcohol without a motor bicycle license, as prescribed in paragraph (1) of this Article, and refused to comply with the cITI-100 cque-100 cques by E belonging to the Kimcheon Police Station C patrol box, and was requested by the above policeman to take a drinking test from the above policeman, while the Defendant escaped, even though the Defendant was demanded by the policeman F of the same patrol box, who was in the front direction of the above stoba, to stop the above stoba while driving the above stoba, which was a dangerous object without stopping, toward the F, and received the part of the above F's bridge with the front wheel of the above stoba.

Accordingly, the defendant, carrying dangerous objects, has interfered with the legitimate execution of duties by police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to photographs of and to police officers suffering from earth and rocks and damage;

1. Article 144(1), Article 136(1) (the point of obstructing the performance of public duties carrying dangerous articles), Article 148-2(2)2, and Article 44(1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense; Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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