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(영문) 제주지방법원 2014.07.25 2014고단682
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 14:00 on May 17, 2014, the Defendant, without a vehicle driver’s license, driven a Frocon truck from the front day of the “D cafeteria” road located in Seopopo City C to the front day of the “Ecambling house” in C.

2. On May 17, 2014, the Defendant: (a) while driving a vehicle on the road near the “Ecambling house” as mentioned above; (b) drinking again on May 19:10, 201, the Defendant obstructed the performance of duties by a police officer in relation to the handling of a police officer’s report by having a police officer assigned to the Jeju Western Police Station G police box, who was called upon 112 report to the effect that the Defendant was trying to drive under the influence of alcohol; and (c) notifying the Defendant of the reason and requesting the presentation of the driver’s license; and (d) upon the Defendant’s request for presentation of the driver’s license, the Defendant interfered with the legitimate performance of duties of the police officer in relation to the handling of the instant report.

3. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) was requested three times from H to 19:46 on May 17, 2014 by the Defendant at the Seogpo Police Station G police station in Seopoposa City C on May 19:26, 201, and there are reasonable grounds to recognize that the Defendant was driving a motor vehicle while under the influence of alcohol, such as drinking at the entrance of the Defendant, and did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes of the report on statement, photograph, investigation report, license ledger, and circumstantial statement of a host driver;

1. Relevant legal provisions concerning facts constituting an offense: Articles 148-2 (1) 2, 44 (2) (the occupation of refusing to measure such foods), 152 subparagraph 1, and 43 (the occupation of driving without a license) of the Road Traffic Act, Article 136 of the Criminal Act;

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