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(영문) 수원지방법원 성남지원 2019.03.28 2018고단2774
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 4, 2018, the Defendant was driving a vehicle E-RV without a driver’s license in a section of about 250 meters from the road in which the trade name in the area B of the Sungnam-si is unknown until about 250 meters prior to the road in the area B of the Sungnam-si.

2. At around 02:00 on August 4, 2018, the Defendant: (a) served a 112-report to the effect that “A person who continues to drive a vehicle in front of and in the atmosphere for traffic signals,” and (b) served as a police officer G (37 years old) called out after having received a 112-report to the effect that “A person who continues to drive a vehicle in front of and in the atmosphere for traffic signals,” and demanded the Defendant to drive the vehicle after opening the door of the vehicle; (c) served as his hand on his/her hand, he/she assaulted him/herself such as: (a) the part lower than the leftmost of the said patrol officer and the chest one time, and pushed the chest.

As a result, the defendant interfered with the legitimate execution of duties of the police officer's 112 reports and the handling of drinking cases.

3. Violation of the Road Traffic Act (Refusal of measurement) on August 4, 2018, the Defendant: (a) around 02:18, in F District H located in Seongbuk-gu, Sungnam-si; (b) on the road, the Defendant has filed a report of drinking alcohol depth while continuing to stop on the road; (c) the Defendant snowed and sprinked the snow; (d) the Defendant sprinked and sprinked the snow; and (c) the Defendant was fluored with shocking, etc.; and (d) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol on several occasions; (b) the police officer demanded a alcohol alcohol measurement on several occasions, but did not comply with the said alcohol alcohol measurement

Accordingly, the defendant did not comply with the ruling of police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (report on the circumstances of an automobile driver), a successor transport certificate (automobile register and car driving certificate);

1. Relevant Article of the Act on the Crime, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the option of the punishment, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the Criminal Act

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