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(영문) 부산지방법원 2014.10.27 2014고단6373
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 29, 2014, the Defendant, while driving DSS5 vehicles on the front of the convenience store located in Busan SM5, located in B of the Busan, the Defendant: (a) there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as being damaged by the front offender of the vehicle and drinking in the Defendant’s entrance, etc.; (b) was requested by the police officer, a police officer belonging to the Busan, Police Station E zone E zone in Busan, to take a drinking test along with questioning about the circumstances of the accident; (c) the above police officer, who was to purchase the goods at the convenience store and take a drinking test; and (d) entered the above convenience store to purchase the goods at the convenience store and drink it; and (d) the above police officer, who demanded a drinking test while stopping it, did not drink it; and (d) was dice in the future. No one did assault and b) he refused to take a drinking test by a police officer out of the above convenience point.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the drinking measurement.

2. On June 29, 2014, from around 04:05 to around 04:37, the Defendant refused to comply with a police officer’s request for a measurement of alcohol without justifiable grounds on the ground that the police officer’s request for a measurement of alcohol was made three times to respond to a measurement of alcohol by inserting the traffic of guard at the Busan Police Station E zone of the Busan Police Station and a slope G which is a police officer in charge of traffic safety, in a manner of making it difficult for the police officer to take a measurement of alcohol in the manner of making it difficult for him/her to take such a measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The obstruction of performance of official duties under Article 136(1) of the Criminal Act concerning criminal facts.

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