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(영문) 수원지방법원 안산지원 2016.05.20 2015고단2846
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 June 4, 2015, the Defendant, at around 23:09, driven under the influence of alcohol by a police officer belonging to the Rabing Police Station Dson, who heard the statement of the victim of the traffic accident, after receiving a report from 112 that “the Defendant was subject to a traffic accident by the Defendant who did not take a large amount of smell, and who did not take the body,” in front of C Apartment 1220-dong 103, 103, 105, and driven under the influence of alcohol by a police officer belonging to the Rabing Police Station Dson, who sees the statement of the victim of the traffic accident.

When a person is required to take a alcohol test due to reasonable grounds to determine the person, he/she refused to take a alcohol test by referring to the foregoing E to “I ambling the boom at home, I ambling, I ambling.”

Upon receiving a request from the above E to cooperate in the measurement of second alcohol alcohol, the Defendant: (a) caused the Defendant to have the so-called so-called so-called so-called the Defendant to have the so-called so-called so-called “dice”; (b) caused the above-mentioned E to have the Defendant make the so-called alcohol so-called “dice”, and (c)

Accordingly, the Defendant interfered with the legitimate execution of police officers' duties related to traffic accident management affairs.

2. On June 4, 2015, the Defendant was driven under the influence of alcohol by the Defendant, who interfered with the legitimate performance of police officers’ duties by the luminous Police Station D District Team at the luminous Police Station D on June 4, 2015, and is arrested as a flagrant offender due to interference with the Defendant’s legitimate performance of duties by a police officer as above, while under the influence of alcohol, such as smelling and smelling red on face.

There is a reasonable reason to determine the person, so it was demanded to respond to the measurement of drinking three times between about 30 minutes.

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

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement of the police statement related to G;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. Photographs;

1. Each investigation report (the defendant and his defense counsel did not do any assault to obstruct the performance of official duties, and at the time.

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