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(영문) 광주지방법원 2016.08.25 2016고단852
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 13, 2016, the Defendant interfered with the performance of official duties, on the ground that, while driving the E-Poter vehicle on the alleyway in front of the vehicle product shop in Gwangju Nam-gu, Gwangju, the Defendant did not drink on the ground that, while getting off the vehicle from the vehicle, the Defendant was required by G of the F of the National Police Agency of Gwangju, to comply with a measurement of a drinking reduction level from the light view of the F of the Korean National Police Agency, and that, while getting off the vehicle from the vehicle, the Defendant did not drink the alcohol on the ground that the police officer I, who was the H of the Gwangju National Police Agency of the Gwangju Regional Police Agency, who did not cooperate with the Defendant, was forced to go to the police.

Chewing typ. N. N. L. L. L. expressed his motive to “bat off in festing,” and assaulted the said I by breath by putting a bat of the said I with a breath, cutting the bat and pushing it into the bottom.

Accordingly, the defendant assaulted police officers who perform legitimate duties on drinking control and interfered with the execution of official duties.

2. On January 13, 2016, the Defendant driving a motor vehicle under the influence of alcohol at the K Hospital located in the Southern-gu J of Gwangju on January 23, 2016, with the Defendant’s face being red and smelled in the entrance, etc.

There is a reasonable reason to determine the person, and the police officer of the Nam-gu Police Station received a request for a measurement of drinking from L, which was rejected, from that time to 23:50 of the same day, the police officer of the Nam-gu Police Station rejected the request for a measurement of drinking from that time.

As a result, the Defendant did not comply with the direction measurement of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, I and M;

1. Each police statement made against G, I, and M;

1. Application of the Act and subordinate statutes to the State driver’s circumstantial statement report, enforcement report, investigation report, video CD-related statute;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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