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(영문) 서울동부지방법원 2014.10.01 2014고단2375
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 09:35, on June 29, 2014, the Defendant was under the influence of alcohol on the front side of Songpa-gu Seoul Metropolitan Government, and around seven to eight minutes in total, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s drinking while driving DVL125 Orab in the influence of alcohol on the front side of Songpa-gu Seoul Metropolitan Government, and the Defendant was under the influence of alcohol by a slope F, a police officer belonging to the Seoul Song-gu Police Station Estation, a police officer assigned to the patrol police station Estation, who was on duty, while carrying out the patrol.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

2. On June 29, 2014, at around 10:20 on June 29, 2014, the Defendant assaulted the Defendant, at the request of the Defendant, at the place indicated in paragraph (1), that the said slope F was to take in the patrol vehicle to move to G hospital, with the defect that the said slope F was to take in the patrol vehicle, with his own hand hand, by breaking his bather bat with his bats.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Each investigation report;

1. Application of Acts and subordinate statutes governing reporting on the status of running a motor vehicle on a motor vehicle driving, a report on the status of the motor vehicle driving on a motor vehicle driving, a written consent to collecting blood, a request for blood collection

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act and the choice of imprisonment for a crime;

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

1. There is no record of criminal punishment under Article 62(1) of the Criminal Act of the suspended execution, and the police officer’s attempt to board the patrol vehicle, which subsequently led to the criminal defendant being sent to the police officer.

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