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Reasons
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(영문) 창원지방법원 2012.12.27 2012고합471
공무집행방해등
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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

1. Around 05:00 on July 26, 2012, the Defendant driven a CEX car at a 1km section from the packing horse in Changwon-si, Sungwon-si to the upper south tunnel located in the same Dong while under the influence of alcohol by 0.215% of alcohol level.

2. On July 26, 2012, at around 07:46, the Defendant reported that he was suspected of drinking at the two-lanes in the upper south-dong of the Changwon Police Station, Changwon Police Station 3 patrol teams affiliated with the Changwon Police Station Docle, and a slopeF demanded a vehicle to take a drinking test from around 20 minutes of that time, the Defendant: (a) expressed a desire to read “F to sing, sing, drinking, and sing, and this sing,” and (b) expressed to E, “I will other sing, smoking, singing, singinging, drinking, singing, singinging, singinginging, and obstructing the police officer’s legitimate performance of his duties by continuing to interfere with the police officer’s happiness, singinging, singinginging, and singinginginginginginging the ice.”

3. On July 26, 2012, at around 08:10 on July 26, 2012, the Defendant, the police officer of the Changwon Police Station Down Police Station 3 Team of the Changwon Police Station 2, who supported and operated at the places specified in paragraph (2), openly insulting victims at the location where the driver of the vehicle is located, who is a police officer of the Changwonwon Police Station 3 Team of the Police Station 3 Team, and H, the Defendant: (a) “I”, “I”, “I”, “I”, “I”, “I”, and “I”, continue to read the “I” and “I” of “I” of the vehicle in which the driver of the vehicle fested by the vehicle of traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, G, and H;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on detection of a drinking driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act concerning the crime;

2.Article 40 of the Criminal Code of Trade and Trade.

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