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(영문) 창원지방법원 2020.02.19 2019고단3688

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On July 7, 2019, the Defendant: (a) expressed that “Affortly Chewing,” a police officer, who was requested by the police officer E belonging to the Changwon Police Station D commander of the Changwon Police Station, to take a drinking test on the roads of the parking lot C located in the window B of Changwon-si, Changwon (2019No3688 on July 7, 2019; and (b) expressed that “Affort Chewing,” who was requested by the police officer E to take a drinking test after receiving the 112 report, the Defendant committed assault on the right drinking of the above E at one time.

As a result, the Defendant interfered with the police officer's legitimate execution of duties on the handling of 112 reported duties and the measurement of drinking.

2. On July 7, 2019, at around 07:15, the Defendant driven a FK5 vehicle under the influence of alcohol content of 0.132% from the C parking lot located in the window B of Changwon-si to the road in front of it, at approximately 15 meters, from July 7, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on detection, a report on the fact-finding and statement of the driver, and a notice of correction;

1. Application of Acts and subordinate statutes to report internal death (Attachment of permanent photographs E to the victim's circumstances);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a brupt of traffic accident is caused by a brush and may cause damage not only to an individual but also to the life and property of another person, and thus, the risk thereof is very high. The Defendant assaulted a police officer demanding a brupt of alcohol.

Furthermore, the defendant is punished by imprisonment with prison labor for violation of the Punishment of Violences, etc. Act (joint conflict) around September 2017.