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(영문) 광주지방법원 2013.11.29 2013고단4252
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2012, the Defendant was sentenced to ten months of imprisonment by the Gwangju High Court for a violation of the Road Traffic Act (hereinafter referred to as the “Act”) and completed the execution of the said sentence in the previous prison on May 25, 2013.

【Criminal Facts】

1. On September 7, 2013, the Defendant violated the Road Traffic Act (unlicensed driving and refusal of measurement of drinking), without obtaining a driving license on around 02:50 on September 7, 2013, and driving a car under the influence of alcohol on the road located at 692-21, Yong-dong, Gwangju North-gu, Gwangju, while driving the car, the Defendant was under the influence of alcohol and stopped the pedestrian island located in the central separation zone of the road.

The Defendant voluntarily moved to the Gwangju Northern Police Station in charge of driving alcohol at the above stop site by a traffic control police officer, and there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol by drinking alcohol, such as having a very red face, smelling, and failing to take the body, etc., and accordingly, the Defendant was requested three times from 03:26 to 03:50 on the same day to undergo a drinking test from the slope E belonging to the above police station, but refused to take a drinking test without justifiable grounds and refused to take a drinking test.

2. On September 7, 2013, at the office of the traffic accident investigation department of the Gwangju Northern Police Station around 04:56, the Defendant: (a) was arrested in the act of committing an act of violation of the Road Traffic Act (e.g., interference with performance of official duties; (b) from the traffic of the Gwangju Northern Police Station and the slopeF (the age of 44) belonging to the Gwangju Northern Police Station; and (c) from the notification of the right to appoint a counsel, the Defendant expressed a bath to “this Chewing feass”; and (d) made the victim F’s left-hand part of the victim F by making it difficult for him to drink.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the arrest and investigation of flagrant offenders, and at the same time, the Defendant inflicted on the victim about about 14 days of need for medical treatment, such as light finites and salt ties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. A previous conviction in judgment:

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