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(영문) 의정부지방법원 고양지원 2019.07.11 2019고단243
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around September 21, 2018, the Defendant violated the Road Traffic Act (free license) driving of the ES5 vehicle without a vehicle driver’s license on a section of approximately 100 meters from the road near C located in the Pacific City B to D nearby roads.

2. At around 04:33 on the same day, the Defendant interfered with the performance of official duties of the police officer in question, who was a police officer working at the Ftation of the Pakistan Police Station called to the site after receiving a report of 112 that the Defendant driven a drunk before the so-called “D” under paragraph (1) of the same Article, taken the Defendant’s speech and behavior into his cellular phone while demanding a measurement of drinking, thereby interfering with the said police officer’s legitimate performance of duties concerning the said G’s 112 reporting, withdrawal, criminal investigation, etc.

3. On September 21, 2018, at the place specified in paragraph (2) of the Road Traffic Act at around 04:53 on September 21, 2018, the Defendant violated the Road Traffic Act (e.g., a person who reported a drunk driving to the Defendant; the reporter asserts the Defendant’s drunk driving; the Defendant’s crym color was red and snowed; and the Defendant’s walking and words were not normal; and there are reasonable grounds to suspect that the Defendant was driving of a vehicle under the influence of alcohol, such as that the Defendant was under the influence of alcohol, and the police officer working in the said G and the same police box, who was requested to take a drinking test by inserting the alcohol measuring instrument three minutes in total, and refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to photographs, such as a report on the statement of the situation of a driving under the influence of alcohol, a report on the state of a driving without a license, a field photo, an investigation report (to submit photographs of the reporter J, the suspect himself, a photograph of the dispute with the suspect, an attachment of video to the obstruction of performance of official duties by the suspect A

1. The point of obstructing the performance of official duties under Article 136(1) of the Criminal Act, which is applicable to the pertinent Article of criminal facts and the choice of punishment.

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