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(영문) 청주지방법원 충주지원 2015.12.01 2015고단328
공무집행방해등
Text

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

[2015 Highest 328] The Defendant, who was a visiting employee, was a Chinese citizen in Korea; on August 15, 2015, at around 16:05, the Defendant 16:05, while driving an Aburd vehicle in the C neighborhood located in Chungcheongnam-si, Chungcheongnam-si, a traffic accident occurred while drinking, and without any reason, was asked by E about the traffic accident from the circumstances surrounding the D Zone of the Chungcheong Police Station called for 112 after receiving the 112 report. The Defendant assaulted the said E by her hand, “the law of the Republic of Korea is equal to the bit of bitch bitch bitch bitch bitch bitch son.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on traffic accident investigation and on-site measures.

[2015 Highest 414]

1. Around 15:38 August 15, 2015, the Defendant violated the Road Traffic Act (free license) driving of a vehicle from the Sejong apartment in the Chungcheong-si, Chungcheongnam-si to the front road of the “C” located in the same Dong from around 150 meters to the road in the same Dong.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) was committed by the Defendant on the same date and time as paragraph (1) of this Article, and at the same place as above, by causing an accident in front of the Defendant’s vehicle, the back part of the franchise-low-income vehicle driven by G parked in order to give signal at the front of the vehicle while driving the vehicle at the front of the vehicle. The Defendant was discovered to E, the Inspector belonging to the D District of the Chungcheong Police Station, who was dispatched upon receipt of the report.

There was a considerable reason to suspect that the Defendant was driving under the influence of alcohol, such as hystrokeing, faceing with red and secret, and hystrokeing in an inaccurate stroke, etc.

The Defendant was requested to take a drinking test on three occasions at the D District District of the Chungcheong Police Station in the Chungcheongnam-si from 16:18 to 16:39 of the same day, but did not comply with the request without justifiable grounds.

It is reasonable to recognize that the defendant is in a drunken state.

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