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(영문) 대구지방법원 2019.05.23 2019고단1652
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. On March 28, 2019, at around 20:35, the Defendant violated the Road Traffic Act (refluence of the noise measurement) and was under the influence of alcohol on the crosswalk in front of the “C gas station” located in Sinsan-si B while driving DK9 automobiles at the crosswalk, which was in the influence of alcohol, caused the Defendant to be subject to the control from the police officer F for the police officer assigned to the police station E box of the Gyeongsan Police Station where she patroled the drinking place by violating the signal, and the Defendant was required to comply with the alcohol measurement on the job because there are reasonable grounds to recognize that she was under the influence of alcohol, such as drinking, drinking, and drinking.

Nevertheless, the Defendant did not comply with the demand for alcohol measurement in a manner that does not go off within the said car.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

2. When the Defendant was subject to drinking control from F by the police officer F of the police box affiliated with the police station, as stated in Paragraph 1 at the time and place of the performance of official duties, as stated in Paragraph 1, the Defendant spited, at the time and place, the Defendant spited the F’s weight one time by using the Defendant’s hand, etc., and spit the F’s bridge.

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

3. On December 12, 2007, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the same court on January 17, 2014 to the same crime, respectively.

On March 28, 2019, at around 21:17, the Defendant driven a D 9-car while under the influence of alcohol leveling 0.136% in the section of approximately 1km from the J Union Central Office of J Union located in G in Busan, the Defendant driven a D 9-car while under the influence of alcohol leveling 0.136%.

In this respect, the Defendant was drunk.

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