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(영문) 서울중앙지방법원 2015.02.05 2015고단147

공무집행방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 12, 2014, around 23:35, the obstruction of performance of official duties and the Defendant injured the Defendant: (a) obstructed the legitimate performance of duties by the police officers on the road front of the Jeju Seocho-gu Oil Station; (b) obstructed the Defendant’s traffic without registration by breaking the central line; and (c) entered the said gas station; and (d) demanded the presentation of a driver’s license on the part of the police officers and the victim E (53 years old) who are the police officers and the victim of the Seoul Coast Police Station, who patroled the scene; and (b) caused the occurrence of the operation during the suspension period of the driver’s license; (c) starting from the said Oba, the Defendant: (d) obstructed the Defendant’s legitimate performance of duties by the police officers on traffic control by driving the said Oba, and (d) obstructed the victim from providing approximately two weeks medical treatment to the victim.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road on which mandatory insurance is not subscribed;

Nevertheless, at around 23:35 on September 12, 2014, the Defendant operated a two-wheeled automobile owned by the Defendant from the front day of the Defendant’s residence in Seocho-gu Seoul Metropolitan Government F to the front day of the Dju station located in Seocho-gu Seoul Seocho-gu to the Dju station in Seocho-gu, Seoul, the two-wheeled automobile owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) or 257 (1) of the Criminal Act concerning facts constituting an offense, Article 46 (2) 2 or 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the Defendant had a magnetic disorder from the calendar to the calendar, thereby resulting in.