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(영문) 대전지방법원 논산지원 2014.01.28 2013고단437
협박등
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around 00:50 on August 7, 2013, the Defendant assaulted a part of F in his hand on the road “Cju” located in Seosan City B, and on the slopeF belonging to the Seosan Police Station E-gu Seoul Police Station E-gu where the Defendant prevented the Defendant from bringing his/her desire to D, with the expression “this aging and the aged are feasible, and feasible, grow dys without promotion.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and suppression of police officers' crimes.

2. The Defendant was demanded from around 01:20 on August 7, 2013 to around 01:43, to comply with a drinking test by inserting the breathm measuring instrument into a drinking-free measuring instrument three times from E-district at the Seosan Police Station E zone belonging to the said district, on three occasions.

At the time, the Defendant was considered to drive a G body-man car under the influence of alcohol, and there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol due to snicking and snicking on the face in the entrance.

Nevertheless, the Defendant refused to comply with a police officer's demand for a drinking test without justifiable grounds by preventing and avoiding a drinking measuring instrument in his/her hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer on F;

1. Application of the respective Acts and subordinate statutes to entries in the field and photographs refusing to measure drinking, E district workers, and circumstantial statements made by a host driver or video;

1. Relevant statutory provisions and the choice of punishment for the crime: Articles 136(1)2 and 44(2) of the Road Traffic Act (the point of refusal of measurement of alcoholic beverages) of the Criminal Act, which choose the punishment for each of the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [However, the lower limit shall be the punishment prescribed for the violation of the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, orders to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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