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(영문) 수원지방법원 2018.08.08 2018고단2209
공무집행방해등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2018, the Defendant: (a) obstructed the performance of official duties; (b) 05:15 on the D convenience shop located in Suwon-si, Suwon-si; (c) obstructed the D convenience shop in front of the D convenience shop while driving the E-Ma-Ba car on the front of the D convenience shop in Suwon-si; (d) obstructed the Defendant, upon receiving a report from 112 that the accident occurred; (c) obstructed the police box assigned to the F police box called out after receiving a notification; (d) obstructed the Defendant, upon receiving a request from the police officer to reduce drinking alcohol, she pushed the H’s right shoulder at two times; and (e) assaulted the Defendant with a bridge flaps during the process of suppressing the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

2. On March 31, 2018, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), at a police box of the police station located in the south-west of the Iman-gu Suwon-gu, Suwon on March 31, 2018, and the Defendant driven a vehicle while smelling and photographing a red drinking.

For reasons to see, a police officer was requested to take a drinking test, but the body of the measuring instrument was found to have taken a drinking test on four occasions from that point to 06:00 on the same day, such as refusing to take a drinking test on four occasions, such as refusing to take a drinking test on the part of the measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Statement made by the police with H;

1. Written statements of J and K;

1. Investigation reports, reports on detection of drivers engaged in driving, and circumstantial statements of drivers engaged in driving;

1. Attachment of field CCTVs and screen pictures which refuse to measure;

1. Application of the photographic Acts and subordinate statutes by cutting down a video which refuses to measure the suspect's drinking at a police box;

1. Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime with heavier punishment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of interference with the execution of official duties to H with heavier punishment.]

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