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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1825
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On April 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, smelling, drinking, and drinking, from the slope D belonging to the C District Unit of the Heung-gu Police Station at the time when he/she was reported a traffic accident at the front of the city of He/she shows that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, and drinking, snicking on a remote and high face.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the whole part of a drinking measuring instrument over about 30 minutes, he/she did not avoid it and did not comply with it without justifiable grounds.

2. On April 1, 2017, the Defendant: (a) informed the said D that he was a police officer of Sinung Police Station C District on the front line of Sinung-si, Ethying on April 21, 2017; (b) arrested him as a current offender in violation of the Road Traffic Act (refluence of drinking), and called together with the Defendant, the police officer of the same district guard, who was called up, did not go to the defective patrol vehicle in which he tried to take the Defendant on board the patrol vehicle; and (c) assaulted the F with the left hand.

Accordingly, the defendant interfered with legitimate execution of duties of police officers regarding traffic accident handling, prevention and suppression of crimes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A traffic accident report;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Notification of each photograph, department related to the report of the case of 112, and application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).

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