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(영문) 부산지방법원 2014.02.12 2013고단8218
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

1. On July 24, 2013, the Defendant: (a) around 20:00, at the front of the cafeteria “E” restaurant located in the Busan East-gu, Busan-do; (b) the Defendant, after drinking alcohol, went through a vehicle driving in the F EF Station or another vehicle that was parked after driving the vehicle; (c) the Defendant, upon receiving a report on a drunk driving, was in conflict with the vehicle parked after being pushed back by the vehicle following the vehicle, was parked; and (d) the Defendant, upon receiving an inquiry about drinking and driving of the vehicle from the slope H affiliated with the G District of the Busan East Police Station of the Busan East-gu, Busan-dong Police Station, who was dispatched the report on a drunk driving, expressed that “I expressed my desire to see whether the vehicle is mother, she is a police officer, she is she, she is she, she is her mother, she is her mother, and she assault her breast and her mother at the bar of drinking and her arms.

Accordingly, the Defendant assaulted I, a police officer, and obstructed the legitimate execution of duties concerning I's investigation of the case.

2. On July 24, 2013, the Defendant violated the Road Traffic Act by failing to comply with the request for a alcohol alcohol measurement on three occasions from the above I, a police official, and failing to comply with the measurement under the influence of alcohol, on three occasions, since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s statement that he was arrested and taken in flagrante due to the obstruction of performance of official duties, etc., within the G District of Busan Dong Police Station in Busan Dong-dong, Busan, the Dong-gu, and the Defendant stated that he was under the influence of alcohol by the reporting person, etc. of a drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to H and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to photographs (such as the state of noise measurement);

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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