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(영문) 대전지방법원 2018.03.19 2018고단43
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 11, 2017, the Defendant violated the Road Traffic Act, who is engaged in driving of C-A-A-A-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. On July 12, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the slopeK affiliated with the Seogsan Police StationJ, on the ground that the Defendant living in Seo-gu Daejeon, Seo-gu, Daejeon, on July 12, 2017, on the ground that he/she reported an accident described in paragraph (1), and driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and scaring red on his/her face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over approximately 22 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

3. On July 12, 2017, at around 01:07, the Defendant committed assault, such as: (a) around 01:07, at the place indicated in paragraph (2); (b) the Defendant, as described in paragraph (2); (c) the Defendant, who refused to take a drinking test, was to be taken by a police PEA; (d) the Defendant, who was employed by K, was to remove the police PEA from the floor by hand; and (e) continued to have the investigation completed on the road front of the door of I building by hand, who would return to the investigation.

Accordingly, the defendant interfered with legitimate execution of duties concerning the police officer's drinking measurement and investigation.

Summary of Evidence

1. The defendant's statement in court;

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