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(영문) 수원지방법원 2016.01.14 2015고단5838
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at around 882: (a) the head of the Si/Gun/Gu, on the top of the shooting distance set in front of 882 in the right-driven line, and (b) the head of the Si/Gun/Gu, who was under the influence of alcohol while driving his/her car while drinking, was under the influence of alcohol at around 112; (c) the head of the Si/Gun/Gu, who was dispatched to the site upon receiving a report, was requested by the police officer E to have the alcohol reduced due to the alcohol reduction; and (d) the result of the measurement was reduced in the highest value

Defendant 1 voluntarily accompanied to a police box located in F of the Suwon-si Station F for the foregoing reasons, and was driven under the influence of alcohol.

For reasons of considerable circumstances to determine a person, E was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes during the period from around 15:26 of the same day, around 15:36 of the same day, around 15:46 of the same day, and around 15:56 of the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

2. On November 22, 2015, at a police box around 15:57 on November 22, 2015, the Defendant interfered with the performance of official duties: (a) was forced by a police officer E to take a test of drinking alcohol; and (b) whether the Defendant “the Defendant saw that the Defendant she was drinking by drinking alcohol within a police officer;

Whether a person intends to make food to be a crime by tax;

In doing the bath theory, “,” etc., assaulted, in his hand, such as flabing a ebbbbbial, breaking off the external blaps, and intending to cover the flabing face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the measurement of drinking alcohol by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs and photographs related to damage;

1. Seven copies of a report on the circumstances of driving at home, and of the department related to the report of 112 case; and

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of suspect images);

1. Article 136 of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties).

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