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(영문) 서울북부지방법원 2013.05.10 2012고합615
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 August 27, 2012, the Defendant is driving CCA110E under the influence of drinking alcohol on a road around 07:02 on August 27, 2012 at CCA10E under the influence of drinking alcohol.

It was beyond the road, and it was found that there was a considerable reason to recognize that the defendant was driven under the influence of alcohol, such as the walking and rhythm of the traffic safety department of the Seoul Dongdaemun Police Station, which observed it, and that there was a considerable reason to recognize that the defendant was driven under the influence of alcohol, and the defendant and the Seoul Dongdaemun-gu Transportation Information Center was arbitrarily operated with the traffic information center located in 696-10, Dongdaemun-gu

Therefore, from around 07:17 on the same day, the Defendant was demanded from the above transportation information center to respond to the alcohol level measurement by inserting the dice E belonging to the above police station into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. At around 07:20 on August 27, 2012, the Defendant: (a) refused to perform a drinking test as above by the transport information center; and (b) inflicted injury on the victim E (the Defendant) who is a slope belonging to the Seoul Eastdong Police Station that demanded a drinking test (the age 42), such as the victim E (the age 42) who is a slope of the Seoul Eastdong Police Station; (c) interfered with performance of performance of official duties and the victim’s flasing of the flasium, the flasor, the flasor, the flasor, the flasor, the flasor, the 85 line flab, the police 85 line fladsor; and (d) flasord the victim’s right hand, etc. with the victim’s hand, and caused the victim’s injury, such as the victim’s flabing damage

As a result, the defendant interfered with the legitimate execution of duties by police officers, and at the same time injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each statement of E;

1. An explanatory note;

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