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(영문) 광주지방법원 목포지원 2015.07.13 2015고단544
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 May 3, 2015, around 04:25, the Defendant committed assault against police officers, such as: (a) the police officer, who was a police officer belonging to the C district unit, who was called to the site by the Defendant’s male-child arrest D, for a drinking test; (b) the police officer, who was a police officer belonging to the C district unit, who was called to the site by the Defendant’s male-child arrest D; (c) the police officer, who continued to arrest the Defendant as a flagrant offender, took the chest and legs of E; (d) the police officer, who was a police officer belonging to the C district unit, took the face of F three times as drinking; and (e) the police officer, who was a police officer belonging to the C district unit, took the inside bb police officer, who was called to the F.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the handling of reports and arrest of flagrant offenders.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) the Defendant driven a Giboo vehicle in a drunken state at the time and place specified in Paragraph 1, and was arrested as a flagrant offender with regard to the obstruction of performance of official duties as stipulated in Paragraph 1.

On May 3, 2015, at around 05:05 on May 3, 2015, the Defendant had reasonable grounds to recognize that the Defendant driven in the C District B while under the influence of alcohol, such as smelling alcohol, snicking on face, etc., and requested the Defendant to comply with a drinking test by inserting approximately three minutes in the manner of inserting the whole b0 minutes from E in the circumstances belonging to C District, but did not comply with the police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation reports (fields);

1. Investigation report (Analysis of film boxes and video data);

1. Application of Acts and subordinate statutes to photographs, etc. of damaged parts, and photographs requesting the measurement of drinking three times;

1. 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 concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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