(영문) 대구지방법원 2018.11.15 2018노2106 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.11.15 2018노2106

공무집행방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The police officer, who reported a misunderstanding of facts by the Defendant, demanded the measurement of alcohol by bringing the Defendant to a police box to force the Defendant.

Since a police officer's request for a measurement of drinking is illegal, the defendant's act of failing to comply with such request does not constitute a crime of violating the Road Traffic Act (Refusal of measurement of drinking), or a crime of obstructing the performance of official

B. The sentence of the lower court’s improper sentencing (two years of the suspended sentence of eight months, the community service order 40 hours, and the lecture order 40 hours) is too unreasonable.

2. Determination

A. The lower court determined that the police officer’s demand for the measurement of alcohol was lawful in light of the circumstances stated in its reasoning.

The judgment below

Examining the reasoning of the lower court in light of the evidence investigated, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, thereby adversely affecting the judgment.

B. The Defendant denied the police officer’s demand for the measurement of drinking alcohol, by assaulting and breathing the police officer to determine the unfair argument of sentencing.

The defendant was punished by drinking alcohol driving and obstructing the performance of official duties, and was under suspension of the execution of imprisonment with prison labor due to injury at the time of the crime.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

유사 판례

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