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(영문) 대전지방법원 서산지원 2017.12.07 2017고단888
공무집행방해등
Text

1. The punishment of the accused shall be ten months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On September 8, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), with a vehicle installed in the above vehicle while driving a BNF rocketing car under the influence of alcohol on the part of about 20km from the Jindo from the Jindo Dogdo to the southwest-gu, Taean-gu, Taean-do-Eup, Taean-do-Eup, the same military forces, around 00:45, and driving the vehicle under the influence of alcohol, such as the walking snow snow and the walking distance, by driving the vehicle under the influence of alcohol on the part of about 20km of the 20km of alcohol.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole in four minutes of drinking for about 15 minutes.

2. On September 8, 2017, the Defendant interfered with the performance of official duties, at around 00:50 on the front road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, for the reasons indicated in paragraph (1) above, and obstructed legitimate performance of duties concerning police officers’ criminal investigations, traffic control, and prevention of danger and injury by assaulting the upper left part of the G with the upper part of the left part, and obstructing the Defendant’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. Application of the respective Acts and subordinate statutes to the statement of the situation of a driver who is placed in driving, the ledger using a drinking instrument, and the measurement request;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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