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(영문) 의정부지방법원 2015.03.27 2014고단3005
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Around 02:10 on May 17, 2014, the Defendant driven CM3 automobiles while under the influence of alcohol content of about 0.163% from the section of approximately 100 meters from the 137-meter radius to the road front of the Gyeonggi-do Women's Congress Center located in 137 in the same city-wide from the Do in front of the Mai-si Government-si, Mai-si.

2. On May 17, 2014, the Defendant: (a) around 02:10 on May 17, 2014, the Defendant: (b) set up a CM3 car on the road in front of the 137-Gu Government Women’s Security Center; (c) was locked at the driver’s seat; (d) the police officer E and police officers belonging to the D Zone D District of the Gyeonggi Government Police Station called out after receiving a 112 report; and (e) demanded the police officers to take off the vehicle because there is a suspicion of drunk driving, and thus, said police officers were able to take a bath and reject the vehicle.

At the time, the Defendant’s SM3 car stopped on the road set and interfered with traffic, so the police officers forced the Defendant to get the Defendant from the car, she took a bath to the Defendant, and she spabling the f’s chest by drinking.

Since then, when the defendant was arrested to police officers in the act of obstruction of performance of official duties due to the suspicion of committing an act in the act of obstruction of performance of official duties, he / she takes a bath to E, and she was able to blick the flick and flick the shoulder part of the KON and the external flick.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses F and E in the second protocol of the trial;

1. Investigation report on preparation of the F;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Report on the results of the drinking driving control and the use register of a drinking measuring instrument;

1. Application of Acts and subordinate statutes, such as field photographs and photographs of damaged parts;

1. Relevant provisions of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts, and Article 136(1) of the same Act concerning the obstruction of performance of official duties.

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