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(영문) 수원지방법원 안양지원 2016.04.29 2016고단341
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 17, 2016, the Defendant driving a F Rason car owned by the Defendant in the state of approximately 0.161% alcohol concentration of about 5km in the front of the “E gas station” located in Ansan-gu from the public parking lot for the main commercial building located in Mayang-si, Busan-si, Busan-si, Seoul-si, to the public road for the main commercial building located in Mayang-si.

2. The Defendant obstructed the performance of official duties by the police officers belonging to the police station within Gyeyang-do at a temporary location under the above paragraph 1, and was discovered in the crackdown on driving of alcohol by the police officers belonging to the police station within Gyeyang-do, left the motor vehicle's walk, such as leaving the chemical boomed with waste, etc., and taking the steel-lane soundproofing wall on the road at which the chemical boomed with hand, and opened up to one of the four-lane roads from the vehicle traveling along.

Accordingly, the police officer G, who belongs to the Ansan-man Police Station, controlled the defendant, and the defendant was at one hand sealed the above G's timber and walked the bridge to go beyond the road. Accordingly, the police officer belonging to the Ansan-man Police Station tried to arrest the defendant as a crime of interference with the performance of official duties, the above H's right bridge was handed over to the road by hand, and knee-ke-kne was assaulted by his body.

As a result, the defendant interfered with legitimate execution of duties of police officers such as regulating drinking and arresting flagrant offenders.

Summary of Evidence

[Case 1]

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Each investigation report (verification, such as driving distance of a suspect, attachment of guidance, and attachment of documents verifying the correctional status of a measuring instrument for drinking, etc.)

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the same Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a prosecutor between crimes that interfere with the performance of official duties shall make a decision.

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