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(영문) 대구지방법원 2017.04.26 2016고단6618
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

On November 25, 2016, the Defendant, at around 23:25, 2016, was under the influence of alcohol to the slope G belonging to the police department of the Daegu-dong Police Station, the Daegu-gu Police Station that controlled drinking at the place while operating the Ethtop car, the Defendant was under the control of drinking at the location of the D convenience store located in Daegu-gu, Daegu-gu, Daegu-gu.

After the Defendant her getting aboard the police patrol vehicle at the above place, he prepared the “report on the statement of the situation of the driver at home” by the slope G and the police officer at the police patrol station at the above place, and assaulted the victim’s left side by putting him away from the slope G, which was next to the her.

Accordingly, the defendant interfered with legitimate execution of official duties on the control of drinking by police officers.

On November 25, 2016, the Defendant: (a) driven an Atop car on the front of D in Daegu Dong-gu, Daegu-gu, Daegu-gu, on November 25, 2016; (b) demanded that the Defendant comply with a drinking test by inserting a drinking measuring instrument twice from the slope G belonging to the Fest of the Daegu Dong-gu police station, Daegu-gu, Seoul-gu, and requested that the Defendant comply with a drinking test twice in the same manner at the Criminal Department of the Daegu Dong-gu, Daegu-gu Police Station located in 209, on November 26, 2016.

At the time, the Defendant was a drunk drinking at the time of drinking, and was driven under the influence of alcohol, such as in-distance and smelling.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

[2016 Highest 6618]

1. Statement by the defendant in court;

1. Statement by the police in G [2017 senior group 573]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes to reports on the circumstances of drivers;

1. Article 136(1) of the Criminal Act that applies to the relevant criminal facts, Article 136(1) of the Criminal Act that selects punishment, and Article 148-2(1)2 of the Road Traffic Act;

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