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(영문) 수원지방법원 평택지원 2019.06.21 2019고단251
특수공무집행방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:13 on January 5, 2019, the Defendant: (a) while driving a franchise-to-land in front of Pyeongtaek-si B, the Defendant: (b) directed the Defendant to stop several times against the Defendant through a loudspeaker; (c) directed the Defendant to stop the vehicle by driving the 112 police officer, who was a police officer belonging to the D Zone of Pyeongtaek-gu Police Station, called called “Seoul-to-si Police Station D Zone (32 years old) who was suspected of drinking; and (d) assaulted the Defendant to follow the stop order by driving the 11st patrol vehicle, which is a dangerous object, while driving the chier-to-car, and driving the said e, patroler, who was on the right side of the said vehicle patrol.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers.

2. On January 5, 2019, at around 00:25, the Defendant was arrested as a flagrant offender for the crime of obstruction of performance of official duties, and was transferred to the D District Unit of Pyeongtaek-si Police Station D District at Pyeongtaek-si Police Station D District at Pyeongtaek-si Police Station, and the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 20 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and raising red on the face of the police officer, etc., who is a police officer belonging to Pyeongtaek-si Police Station D District at Pyeongtaek-si Police Station D District at issue.

피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Articles 144(1) and 136(1) of the Criminal Act concerning the criminal facts by applicable law, and Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusing the measurement of alcoholic beverages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Imprisonment with prison labor for each choice of punishment;

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