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(영문) 인천지방법원 부천지원 2018.03.28 2018고단260
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 January 7, 2018, at around 05:00, the Defendant: (a) operated a police officer’s instruction, disregarding the direction of the police officer conducting drinking control while returning home while driving a motor vehicle on the road of 69:0 on the road of Bupyeong-si, 2018; (b) escaped from the vehicle in front of the F Village G by driving the motor vehicle; (c) was arrested from the victim I (54 years old), who is the circumstances leading to the HH department of the Seocheon-gu, Seoul Special Police Station, the Defendant saved the victim’s right side side part of the above victim one time to avoid such arrest; and (d) caused the victim’s injury, such as the mouth, the inside part of the entrance, and the part of the part of the body, which requires approximately two-day medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the prevention, suppression and investigation of crimes, and at the same time injured the above victim.

2. On January 7, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driving under the influence of alcohol, in the Hmeter of the Seocheon-gu Police Station H, Seocheon-gu, Seoul Special Metropolitan City, 84, a 311-lane, with the view to the view to around 06:12, 201, in which he/she was under the influence of alcohol, and he/she was under the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole breath of drinking in three times from that time to that of 06:37.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of J and K;

1. A medical certificate;

1. Application of the Act and subordinate statutes to report the situation of the driver at the main place, to photographs damaged by, and to booms video CDs

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injuring an injury), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;

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