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(영문) 대구지방법원 상주지원 2014.04.22 2013고단613
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. On August 29, 2013, at around 03:35, the Defendant: (a) committed an act of obstructing performance of official duties on the ground that D’s dialogue with the Defendant’s mother would be bad for the Defendant to talk with the her mother of the police box belonging to the Yacheon-gun, Yacheon-gun, Yacheon-gun, on the following grounds: (b) around 03:35, the Defendant was under investigation at the office of the Yacheon-gun, Yacheon-gun, Yacheon-gun, B; and (c) assaulted D’s left side bucks one time and two times to walk the right bridge.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' investigation and maintenance of order.

B. Around 02:30 on August 29, 2013, the Defendant violated the Road Traffic Act (e.g., refusal to measure the noise level) and there were reasonable grounds to recognize that he driven a motor vehicle by E on the front of the Jinyang-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, by drinking on the road in front of the Yacheon-gun, Yacheon-gun, Yacheon-gun,

At around 03:30 on the same day, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes the breath in a breath on three occasions, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling and smelling the Defendant by a slope F, etc. affiliated with the above police box, keeping the face, and rhhing the horses.

Nevertheless, the defendant avoided this and failed to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusal of measurement of noise), and the choice of punishment for the crime, respectively;

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