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(영문) 대전지방법원 서산지원 2016.05.31 2016고단133
공무집행방해등
Text

1. The sentence against the accused shall be seven thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 00:15 on January 9, 2016, the Defendant: (a) was under the influence of alcohol while driving a small-scale car owned by the Defendant, waiting for the signal at the shooting distance prior to the water supply and drainage system in Taean-gun, Taean-gun, Chungcheongnam-nam Police Station D District Unit E, which was called out after receiving a report from 112, and parked and parked the said vehicle at a safe place after he was urged to move the said vehicle from the slope E belonging to Taean-nam Police Station Dial Unit E in order to move the vehicle at a safe place; (b) the Defendant was under the suspicion of driving alcohol and demanded the alcohol measurement on a double hand; and (c) when she was tryed to flee at the site, the Defendant embling the instant E-type e-type e-type gro that was sealed once by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases and the crackdown on drinking driving.

2. On January 9, 2016, the Defendant: (a) driven a motor vehicle while under the influence of alcohol, such as making the Defendant seriously sniffly sniffly, and making a flown by drinking, following the arrest of a flagrant offender under the same circumstances as described in paragraph (1) at the D District Zone F in Taean-gun, Taean-gun on the ground of the foregoing paragraph at the D District on January 9, 2016.

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole influence of a drinking measuring instrument three times from 00:38 to 01:03 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of control, report on the situation of the driver's driver, and the application of Acts and subordinate statutes photographed at the time of committing the crime;

1. Article 136(1) of the Criminal Act in relation to the relevant criminal facts (the point of obstructing the performance of official duties), Article 148-2(1)2 and Article 44(2) of the Road Traffic Act (the point of refusing to measure drinking), and Article 136(1) of the same Act concerning each fine.

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