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(영문) 춘천지방법원 원주지원 2016.08.31 2016고단498
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2016, Defendant 2016, 498, at the front parking lot of 102 Taesung Hyundai apartment 102, which is located in Hanju-si, Hanju-si, 53, the Confucian apartment 102, around June 1, 2016, the Defendant was required to conduct a drinking test from the background D belonging to the Hanju Police Station C District Unit, and the circumstances in which the Defendant was dispatched upon receiving a report of 112 that the Defendant caused a traffic accident, but the Defendant refused it and went out of the site, and the Defendant again demanded the Defendant to conduct a drinking test while stopping the Defendant, and the said D and E demanded the Defendant to stop the drinking, the Defendant’s drinking part of the said D and E’s chest was pushed down on several occasions, and the two arms of the above D were cut down.

Accordingly, the defendant has prevented police officers from performing their duties in relation to the investigation of crimes and the handling of 112 reported cases.

2. On June 1, 2016, Defendant 637 driving a motor vehicle under the influence of alcohol from E during the driving of a motor vehicle while drinking the F motor vehicle at the front parking lot of the 102 East Hyundai Apartment 102, which is located on the 53 Doldong-gu, Suwon-si, Suwon-si, Jeju-si, with alcohol on June 1, 2016;

There is a reasonable reason to determine the person, and it was refused to take a breath test on four occasions, despite the demand for a breath test.

Accordingly, the defendant is in a drunken state.

A person who has a reasonable reason to be appointed and has not complied with a police officer's request for a measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense; Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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