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(영문) 서울북부지방법원 2016.12.08 2016고단4382
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On September 18, 2016, the Defendant violated the Road Traffic Act (refluoring to take a drinking level) at the front of the building in Seoul Special Metropolitan City Nowon-gu (Seoul Special Metropolitan City, Nowon-gu) on September 20:32, 2016, the Defendant was asked to take a drinking test by inserting alcohol in front of the building in Seoul Special Metropolitan City, Nowon-gu, and was called from the Seoul Nowon-gu Police Station Inspector E and Police Officer F, who called “A person under the influence of drinking. D vehicle is moving behind the vehicle,” and the said reporting person was working under the influence of drinking by moving the Defendant’s vehicle, making a red light on the Defendant’s face, and making a request for a drinking test by inserting alcohol measuring the vehicle in front of the building in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu on the same day, and refusing the request by the police officer at around 20:22 and around 20:3rd of the same day, without justifiable reasons, by not complying with the police officer’s request.

2. The Defendant: (a) at the time and place indicated in the foregoing paragraph (1) above, the police officer G belonging to the Seoul Labor Relations Commission demanded to take a drinking test on three occasions; (b) the Defendant expressed that the said G was “Iskin, Haskin, Haskin, and Hasnat, the police officers are treated as garbage”; (c) assaulted twice the G’s buck, with the right knee, G knekbbbbs at one time.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reported cases and the measurement of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A H statement;

1. The application of Acts and subordinate statutes to reports on the state of driving under influence and the state of measurement of drinking;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (each choice of imprisonment with prison labor);

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

1. Article 62 of the Criminal Act:

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