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(영문) 수원지방법원 2015.05.13 2015고단1029
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 16, 2015, at around 23:03, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level) and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as taking an accident involving the sidewalk block from the vehicle while driving C Ecoos vehicles, and setting a red light on the front-distance and face of the vehicle, and led to voluntary operation as the D Zone of the Permitted-dong Police Station for a drinking test.

The Defendant was demanded to respond to the alcohol level by inserting ten-minutes into a drinking measuring instrument for three-minutes from E to three occasions.

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

2. On March 17, 2015, the Defendant: (a) 00:05, while waiting in the D District District of the FYandong Police Station D District of the Fadong Police Station of the Mandong Police Station, the Defendant expressed a bath for the reason that the slope G belonging to the said earth does not contain one’s own talk; (b) the water of the instant World Cup cited by her hand was released from the face of said G.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to photographs which are refused to measure drinking, and field photographs of D districts;

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for the crime of obstruction of performance of official duties heavier than the punishment, but the lowest sentence shall be the punishment determined for the crime of violation of the Road Traffic Act];

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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