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(영문) 의정부지방법원 2016.09.01 2016고단1506
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 March 28, 2016, the Defendant: (a) around 01:10 on March 28, 2016, while driving a car in the D underground parking lot, while drunk; and (b) shocking the wall of the parking lot.

At around 01:20 on the same day, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as witness’s statement, etc., while under the influence of alcohol, at the underground parking lot of the above building, and at the same time, there was a considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as a witness’s statement.

The Defendant: (a) dump the floor by cutting a drinking measuring instrument in his hand to damage the floor; and (b) knicking the above F, which was aware of the threat to G, to restrain it from doing so and to cooperate in the measurement of re-dump of alcohol; and (c) dump the back of the F, once.

Accordingly, the defendant was arrested as a flagrant offender in the crime of obstruction of performance of official duties and was escorted to the E box located in H at the south of the game. On the same day, the defendant assaulted the above F F’s left side side of the shoulder one time by left hand within the E box at around 01:55 on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officers.

2. On March 28, 2016, from around 01:20 to around 02:32 of the same day, the Defendant was demanded to comply with a drinking test by inserting the description of a drinking alcohol measuring instrument four times, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a d underground parking lot and E box from around 01:20 to around 02:32 of the same day, there was a witness who observed the Defendant’s face, and that the Defendant was driving under the influence of alcohol, such as a red, cross-roping

Nevertheless, the defendant, however, has avoided a drinking measuring instrument by driving it in his/her hands, and without any justifiable reason, is a police officer.

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