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(영문) 대구지방법원 2018.08.22 2018고단2703
공무집행방해등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 22, 2017, the Defendant: (a) while driving a CMW car on the front side of the Nam-gu, Daegu-gu, Daegu-si; (b) while driving the CMW car on the front of the B on the road, the Defendant driven the said vehicle while under the influence of alcohol, such as smelling the Defendant, snicking him on his face, snicking him on his face, and snowing him.

There is a reasonable reason to determine a person, and from around 02:28 to 02:42 on the same day, it was demanded to respond to the measurement of drinking alcohol by inserting the whole in part three times at intervals of eight minutes in total.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 정당한 음주 측정요구에 응하지 아니하였다.

2. At the time, at the time, at the place specified in paragraph 1, the Defendant: (a) she was asked to take a drinking test from E in the circumstances surrounding the Daegu Southern Police Station D District District; (b) she refused to take a drinking test; (c) she taken the Defendant’s appearance of refusing to take a drinking test on a cell phone; and (d) the Defendant got a quif, one time, with both face and left hand, to cut the cell phone into the floor.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking alcohol driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G and H;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigation report (as to refusal to measure drinking), and photograph;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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