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(영문) 인천지방법원 2013.10.28 2013고단5501
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. At around 05:30 on October 07, 2013, the Defendant was stopped on the four-lanes in front of the calendar distance of 886 operation in Gyeyang-gu, Gyeyang-gu, Incheon.

Police B, who is a victim, inspected the C low-speed vehicle suspected of drinking driving, and tried to get the defendant.

Accordingly, the Defendant resisted to check that the police officer's patrol is conducted on a vessel, and took a bath to "pack several times gushee," and he/she returned to the surrounding area of his/her vehicle in stop.

As the victim restrains the defendant for the safety of the defendant, the victim exercised the assault by taking the left face part of the victim's own head once.

Accordingly, the defendant interfered with the legitimate execution of official duties for the police officer B's drinking control duty.

2. Around 05:20 on October 10, 2013, the Defendant driving a vehicle of three kilometers from the street in front of the Incheon Gyeyang-gu Incheon Gyeyang-gu Operational Operations 899-4 to the previous street in front of the operation distance of the same 886.172% of the blood alcohol concentration of 0.172% (Yurlurl%) of the blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements;

1. Relevant legal provisions pertaining to the obstruction of performance of official duties concerning criminal facts: Article 136 (1) of the Criminal Act (Selection of Imprisonment or imprisonment): Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act (including the cases where he/she commits an error, etc.);

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