logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.08 2017고단4010
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 16, 2017, the Defendant interfered with the performance of official duties: (a) around 16:40 on the road in the Suwon-si, Suwon-si, a police box of the Police Station C, a police box of the Jungwon-gu, who called the scene, tried to verify the personal information of the Defendant; (b) but (c) as D escaped from the river side to the river side, she committed assault against D by walking the bridge at several times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

2. Violation of the Traffic Act (Refusal of measurement of drinking), while the defendant drives a motor vehicle of hurbed by E while drinking on the road near the place specified in paragraph (1) at around 17:05 on the same day, he/she driven the motor vehicle under the influence of alcohol by the Speaker of the police box belonging to the same police box, while driving the motor vehicle of hurbed by the defendant, such as a light distance to the degree that he/she finds it inaccurate and inaccurate that the motor vehicle of hurbed by drinking, snurb

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes, such as site photographs and victim photographs;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest sentence shall be determined by the crimes of violation of traffic laws on roads (or refusal of drinking), and Article 50 of the said Act);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria:

arrow