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(영문) 대구지방법원 포항지원 2019.01.31 2018고단1467
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2018, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) (e., violation of the Road Traffic Act) caused an accident caused by occupational negligence in the course of driving a DNA body-wide car in front of the "C" car page located in north-gu, North-gu, at the port of port on September 19:35, 2018, while driving the D body-man car in front of the D body-wide car, and the Defendant was demanded to comply with the drinking test by inserting the breathm in the form of a drinking measuring instrument over about 20 minutes, such as the breath of the border line belonging to the coastwise Police Station E zone, called the accident.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. When the Defendant was arrested a flagrant offender due to the crime of violation of the Road Traffic Act (refluence of measurement) from the border F at the time, place, etc. mentioned in the above paragraph (1), the Defendant assaulted the F’s left side side buckbucks twice, etc. due to the outbreak of fire.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and F;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of the Acts and subordinate statutes to submit a photograph of the scene of the accident or a scam of the damaged police officer;

1. Relevant legal provisions concerning the crime: The point of refusing to measure the alcohol level: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act; Article 136 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order of community service;

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