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(영문) 의정부지방법원 2014.11.28 2014고단2730
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2014 Highest 2730"

1. On July 25, 2014, around 00:15, the obstruction of performance of official duties and the Defendant: (a) received a 112 report that the D Apartment 102 was driving on the street in front of the Namyang-si, Namyang Police Station Emba, which was called out, and demanded the police officer in charge of a drinking test and the police officer G to comply with the drinking alcohol test; (b) on the ground that the police officer in charge of the Emba and the police officer in charge of the Emba taken the brea where the Defendant refused to take a drinking alcohol test as a video, and (c) the police officer continued to have the head of the Emba and pusheded the H’s chest on the ground that the police officer in charge of a drinking alcohol test took the breath of the Defendant’s brea on the ground that he had the breath’s chest on one occasion, thereby interfering

2. On July 24, 2014, the Defendant was required to measure the alcohol by a police officer, etc. who belongs to the Namyang Police Station Embari-si, Namyangdong 102, at around 23:40 on July 24, 2014.

On July 24, 2014, 23:19 on July 24, 2014, prior to the Defendant’s request for the foregoing alcohol measurement, the Defendant reported 112 that he was driving a INS car in front of 643, Jinnam-ro, Namyang-si, Yannam-ro, while under the influence of alcohol in front of 'Wook'. At the time, there was a considerable reason to suspect that the Defendant was driving a vehicle under the influence of alcohol, such as her drinking, only once he driven the vehicle.

Nevertheless, on July 25, 2014, the Defendant was requested by police officers to take a drinking test on three occasions, such as the first measurement request around 00:10 on July 25, 201, the second measurement request around 00:36, and the third measurement request around 00:48, but did not comply with the measurement without justifiable grounds.

around 23:24 on May 18, 2014, the Defendant driven a 2 km car from the front side of the restaurant of the 'Schanch' to the entrance of the D apartment to the 2km car in the south-gu, Yyang-gu, Yyang-si, the 0.202% of the blood alcohol alcohol concentration of the Defendant was under the influence of alcohol at 0.20%.

(i) the evidence;

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