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(영문) 인천지방법원 2019.10.02 2019고단4934
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

1. Around 01:55 on June 28, 2019, the Defendant insulting the Defendant requested the Defendant’s driver’s license on the road in front of the convenience store in Michuhol-gu Incheon, and “A drinking driver has a drinking driver,” the Defendant, a police officer belonging to the Incheon Michuhol-gu Police Station D District Unit of the Incheon Michuhol-gu Police Station, which was called after receiving 112 reports, insulting the victim’s driver’s license. As such, the Defendant publicly insultingd the victim by publicly citing the victim, who is a police officer belonging to the police officer belonging to the Seoul Michuhol-gu Police Station D District Unit of the Incheon Michuhol-gu Police Station.

2. When the Defendant demanded a driver’s license for the foregoing reasons at the date, time, and place specified in the foregoing paragraph (1) of the performance of official duties, the Defendant: (a) obstructed the police officer’s legitimate performance of official duties in relation to the handling of 112 Reports by pushing the said police officer’s arms, with the Defendant’s hand, she threatened the Defendant with her hand, as he can be seen by the said police officer “Choe” to the said slope H; and (b) obstructed the police officer’s legitimate performance of official duties in relation to the handling of 112 Reports.

3. Violation of the Road Traffic Act (Refusal of Drinking Measures) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as: (a) the Defendant stopped Irocketing car in India; (b) the Defendant received the above 112 report from H of the above police officer who called out after receiving the said 12 report that the Defendant was suspected of driving under the influence of alcohol, such as holding the driver’s seat, taking a light of the head of the drunk while under the influence of alcohol; and (c) taking a bath for about about about 15 minutes from around 02:02 of the same day, and (d) failed to comply with the request for a drinking test by a police officer by refusing it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. 112 Reported case handling table;

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