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(영문) 서울남부지방법원 2020.06.23 2020고단346
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 22, 2019, the Defendant was subject to the control on the ground that he operated a e-wheeled vehicle under the influence of alcohol by a police officer D, who was under the influence of alcohol at the front of Gangseo-gu Seoul, Gangseo-gu, Seoul, a Police Station C Zone C, and was under the influence of alcohol.

When the Defendant is required to take a drinking level from D, and the Defendant spawed the right arms to prevent the escape, and committed assault, such as the above D’s chest part with the left hand floor, one stop, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on traffic offense vehicles.

2. On February 2, 2010, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on September 16, 2014, a summary order of KRW 3 million was issued from the Suwon District Court to the same crime.

【Criminal Facts of Crimes” around 10:01 on December 22, 2019, the Defendant: (a) was in a district located in Gangseo-gu Seoul Metropolitan Government F, and (b) was under considerable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and breathing, while driving the said two-wheeled vehicle under the influence of alcohol, and (c) was controlled; (d) was arrested as a flagrant offender on suspicion of obstruction of performance of official duties, etc.; and (e) was demanded to comply with the alcohol testing by inserting the breathr into the alcohol measuring instrument after accompanying the said district.

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

As a result, the defendant violated the prohibition of driving under the influence of alcohol and refused to take a alcohol test.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, a report on the status of a drinking driver, a report on the status of a drinking driver, a report on the results of the crackdown on drinking driving, a police statement made in D, and a control manual (D);

1. Criminal records as indicated in the judgment: Criminal records;

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