In order to obtain legal advice from a drunk driving lawyer in IncheonIn order to obtain legal advice from a drunk driving lawyer in IncheonIncheon Juan, a drunk driving lawyer, explained the type of crime recognized as obstruction of official duties, such as obstruction of police officers arriving at the scene due to alcohol abuse, repeated mischievous calls and false reports to 119 and 112.In particular, if you commit violence or abuse against a police officer who was dispatched after receiving a report from people around you while drinking too much, you will be arrested for obstructing the execution of your duties and be severely punished. In addition, Incheon’s drunk driving lawyer said such crimes will not only prevent public officials from officially handling their work in accordance with the law, but will also impose a significant level of aggravated punishment compared to general assault and injury.According to the case related to the drunkard’s crime of obstructing the execution of official duties, defendant Q (29) was accused of drunk driving by police officer K from Seongbuk Police Station on the road in front of Y convenience store in Seongbuk-gu around 23:56 on May 02, 2024. He hit K’s cheek and back of his head once each, and injured K’s chest twice with his foot, including a right rib sprain that requires about four weeks of treatment. In addition, it is said that it interfered with the execution of official duties related to crime prevention, suppression and investigation by police officers. Mr. Q also said that he drove a passenger car around 2024.05.02.23:56 with a blood alcohol concentration of 0.134% on the 2km section from the road in Seongbuk-gu to the Y convenience store.First of all, regarding the crime of obstructing the execution of official duties and the crime of injury, Juan, a drunk driving lawyer in Incheon, said that the crime of obstructing the execution of official duties specified in Article 136 of the Penal Code is limited to cases where the execution of official duties is justified. In that case, it means not only that it belongs to the abstract authority of public officials, but also that it has specific legal methods and requirements for execution. If the police officer’s red-handed arrest is believed to have escaped it and illegally arrested it, it is no longer illegal and self-defense to injure the police officer in the process of defying the unjust arrest.In addition, when arresting a red-handed criminal, the legality is recognized only if it is proved as objective evidence that the police station was accompanied by the suspect’s voluntary intention, such as informing the suspect that he could refuse to accompany him. However, it is difficult to recognize the legality of the arrest of the criminal just by the investigative agency or K’s statement, and rather, Q stubbornly refused K’s request to accompany him, showing that he had no intention of accompanying him to the police station. Nevertheless, it is believed that such police officers’ behavior is illegal because they actually showed the form of forced arrest, such as forcibly trying to put him in a police car, so even if Mr. Q assaulted Mr. K, he could not establish a crime of obstructing the execution of official duties.In addition, when arresting a red-handed criminal, the legality is recognized only if it is proved as objective evidence that the police station was accompanied by the suspect’s voluntary intention, such as informing the suspect that he could refuse to accompany him. However, it is difficult to recognize the legality of the arrest of the criminal just by the investigative agency or K’s statement, and rather, Q stubbornly refused K’s request to accompany him, showing that he had no intention of accompanying him to the police station. Nevertheless, it is believed that such police officers’ behavior is illegal because they actually showed the form of forced arrest, such as forcibly trying to put him in a police car, so even if Mr. Q assaulted Mr. K, he could not establish a crime of obstructing the execution of official duties.Therefore, the report on the detection and circumstances of drunk drivers prepared in an illegal manner corresponds to illegal collection evidence, and it is impossible to use it as evidence of guilt due to loss of evidence capacity. Except for this, the rest of the evidence alone did not allow Mr. Q to admit that he drove a car with a blood alcohol concentration of more than 0.05% at the time, and he said he won Mr. Q’s innocence.Incheon’s drunk driving lawyer said the most important thing to pay attention to when arrested on the spot is not to rebel against the police officer’s identification and the details of the incident, but to cooperate as much as possible and not to develop a job. If you are really frustrated, you should check if the performance of official duties such as police officers was legitimate.In particular, it is important to cooperate with police officers first and then respond legally because crimes that interfere with the execution of official duties often result in additional crimes such as injury crimes, property damage crimes, and insult crimes. In addition, Incheon’s drunk driving lawyer Juang said that if it was not a law-abiding official performance or illegal factors were linked for other reasons, the crime of obstruction of official performance could not be established and could be acquitted or not guilty. However, he said that the defendant should take legal advice because he cannot make his own judgment on these legal parts.Previous image Next imagePrevious image Next imagePrevious image Next image
