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(영문) 인천지방법원 2016.11.28 2016고단6326
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2016, the Defendant was required to comply with a drinking test by inserting the bring vehicle into the drinking measuring instrument for around 30 minutes (round 23:29, around 23:29, in Incheon Gyeyang-gu, Incheon, Incheon, Gyeyang Police Station Chyeong-do, etc., and making it possible to recognize that the Defendant driven the vehicle under the influence of alcohol, such as smelling, smelling, and driving a bring distance. Accordingly, the Defendant was required to comply with the drinking test by inserting the bring machine into the drinking measuring instrument for about 30 minutes (round 23:29, around 23:39, around 23:49, around 23:59), around 23:59.

Nevertheless, the Defendant avoided a drinking test and did not comply with a police officer’s demand for a drinking test without any justifiable reason.

2. At the time and place specified in Paragraph 1, the Defendant: (a) expressed that the Defendant was required to take a drinking test by the sloping E belonging to the above Incheon Gyeyang Police Station C, and the police officer D; (b) took the influence of alcohol; (c) took the breath, “sick E’s hearts, e.g., this chrone”; and (d) carried the chest of the above E’s chest by hand three times with his hand and her hand, and assaulted twice the sloping D’s clothes on the left side of the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, D, and G;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. On-site photographs attached thereto, such as a report on investigation, investigation report, etc. and a report on investigation;

1. Application of the CD-related Acts and subordinate statutes, such as CCTV images and video images;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act (the point of refusal of measurement of noise, respectively);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social services and.

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