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(영문) 의정부지방법원 고양지원 2019.03.21 2018고단3217
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 22:40 on November 22, 2018, the Defendant driven a e-learning car under the influence of alcohol by 0.151% from the section of about 1km from the upper corner of the “C cafeteria” in the “C cafeteria” to the front on the D in the case of Pakistan.

2. On November 22, 2018, the Defendant of the obstruction of performance of official duties reported 112 on the street in front of the Sinju City, on November 22, 2018, that “a vehicle with a strong wheels, has a penter,” and that he was driving under the influence of alcohol, such as the following: (a) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, etc. from G in the G of the Gyeonggi-Pacific Police Station F District, which called to the site; and (b) requested the above G to comply with a drinking measurement by inserting alcohol into a drinking measuring instrument in a manner of putting the breath in it into alcohol, such as whether he was drunk, spath, spathy, dead, and spawn; and (c) continuously spawn with the said G by breath’s hand; and (d) 1) with the right drinking of the G.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties of police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on witness of a suspected crime subject to the obstruction of performance of official duties' deliberation on the H telephone statement statement of a witness of a witness of a crime subject to the obstruction of performance of official duties), and

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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