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(영문) 서울중앙지방법원 2016.05.25 2016고단89
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 21, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and around 23:00 on August 21, 2015, at the front road of the Montreal noise (ju) in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul, driven the car at approximately 30 meters wide.

2. Around 23:05 on the same day, the Defendant: (a) committed an act of assaulting the above G in front of the Gangnam of the same 1361-5, and stopped the car on the second line of the fifth line; and (b) sent after receiving a report of traffic inconvenience 112; and (c) in order to remove traffic risks, the Defendant: (a) committed an act of assaulting the above G, which prevents the front side of the Defendant, in his hand, who was demanded to move the said car and to take a alcohol test to remove traffic risks; and (b) committed an act of assaulting the said G, which tried to go beyond the above G, in order to stop the front of the Defendant’s person who was ordered to take a alcohol and take a alcohol test, at least three times.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the reporting processing of the above G 112.

3. The Defendant has driven a vehicle under the influence of alcohol, such as smelling the Defendant’s smell at the seat of the head of the police station, which is located in the direction of traffic safety at around 23:24 on the same day and rhythm, at the seat of the head of the police station at around 23:24 on the same day.

There are reasonable grounds for suspecting that drinking was requested to take a drinking test on the same day, around 23:24 of the same day, around 23:35 of the same day, and around 23:48 of the same day by inserting the measuring instruments for drinking, but rejected it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of I;

1. Statement of the circumstances of the driver at the main place of business, the details and records of crackdown, and the rejected photograph of measurement;

1. Photographs and on-site photographs;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 136(1) of the Criminal Act in relation to the facts constituting an offense (the point of obstructing the performance of official duties), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 148-2 Subparag. 2 and Article 44 of the Road Traffic Act.

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