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(영문) 대전지방법원 논산지원 2016.09.06 2016고단303
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was punished by a fine of 1.5 million won for an injury in the Daejeon District Court Support on June 16, 2015 as well as four times of a criminal record of violence.

【Criminal Facts】

On April 3, 2016, around 16:00, the Defendant: (a) caused an accident to deviate from the road while driving B cargo on the roads around the elementary Myeon, which was located in the first place of the west-gun, Chungcheongnam-gun; (b) subsequently, the Defendant assaulted the police officer of the police station that was dispatched to the site upon receiving a traffic accident report, the police officer D, who was a police officer of the police station that was assigned to the site, and the police officer who was requested to take a drinking test by slope E, one time the police officer of the police station that was dispatched to the site, and the police officer who was requested by s

피고인은 같은 날 16:30경 충남 부여군 F에 있는 C파출소에서 같은 날 17:16경까지 사이에 위 D로부터 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았으나 이를 회피하면서 위 D의 다리를 2회 걷어차고, 이를 제지하는 위 E의 점퍼를 잡아 당겨 찢고 E의 다리와 엉덩이를 수 회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning handling 112 reports and measuring drinking, and did not comply with a police officer's request for sobage measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Statement on the circumstantial statement of the employee;

1. Control note;

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (criminal records and reports on criminal records of suspects);

1. Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 of the Criminal Act:

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