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(영문) 인천지방법원 2018.04.13 2017고단4584
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. On February 25, 2017, around 04:20, the Defendant interfered with the performance of official duties, on the road of the lender apartment 703 Dong-ro, Seo-gu, Incheon, Seo-gu, 6-22, that “A driver who has caused a traffic accident due to drinking” was reported and demanded a measurement of drinking to the Defendant by a slope E, a police officer belonging to the police station D District Unit of the Incheon Seo-gu Police Station, Incheon, which called “A driver who has caused a traffic accident due to drinking.” However, on the ground that the Defendant attempted to escape and attempted to arrest the Defendant as an current offender in violation of the Road Traffic Act (drinking driving), the Defendant interfered with the legitimate performance of duties by a police officer in process of reporting 112, such as leading the Defendant to the right hand

2. Around 03:10 on the same day, the Defendant driven a F car from the 365-lane to the airport of Gangseo-gu Seoul, Seo-ro, Incheon, Seo-ro, 6-22 lender apartment, 703, on the same day without a driver’s license.

3. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant: (a) on the same day at the D District District of the Incheon Western Police Station located in Seo-gu Incheon, Seo-gu, Incheon; (b) on the 112 report, “A driver who has caused a traffic accident due to drinking; (c) the slope E, a police officer belonging to the D District of the Incheon Seo-gu Police Station, called the “A driver who has caused a traffic accident due to drinking”, sneeps from the Defendant; and (d) the reporter, “A person who has made a report, drank the Defendant that the Defendant d

“The Defendant was under the influence of alcohol after hearing horses.”

Since there are reasonable grounds to recognize it, the defendant requested the measurement of drinking, but the defendant refused the measurement of drinking without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Witness G and E’s legal statement;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 148-2 (1) 2 of the Road Traffic Act.

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