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(영문) 대전지방법원 논산지원 2016.04.12 2015고단588
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2015, the Defendant interfered with the performance of official duties at a police box located in Chungcheongnam-gun, Chungcheongnam-nam, D, the Defendant: (a) sent a slope to the Defendant’s residence by reporting the Defendant’s wife at the Defendant’s address; (b) G security guards reported the Defendant and re-transfer the Defendant to the Defendant’s residence; and (c) find a slopeF again while returning to the above E box; and (d) “Ne-Ga contact with the Defendant and grow up, I want to do so.”

“The attitude that seems to be taken into account”, and re-assign “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitchh

“A police officer’s legitimate performance of duties related to the prevention of crime, such as drinking alcohol, interference with the performance of official duties, knife knife knife, knife knife knife knife, knife knife, knife, and knife knife knife knife knife, G was prevented.

2. On July 31, 2015, the Defendant: (a) while driving a H taxi while drinking on the road at the police station E commander of the police station that was assigned to the Chungcheongnam-gun, Chungcheongnam-nam on July 31, 2015; (b) while driving the taxi on the road before the police station E commander of the police station that was assigned to the Chungcheongnam-gun, he/she driven the Defendant under the influence of alcohol, such as smelling the Defendant by smelling him/her on his/her face and sounding him/her red.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 20 minutes, he/she did not avoid it and did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F;

1. A report on the circumstances of the driver's license in charge and an explanatory note;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (which means refusal of measurement of drinking), and each decision of imprisonment with prison labor.

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