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(영문) 대구지방법원 김천지원 2015.10.08 2015고단957

공무집행방해

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On July 24, 2015, around 23:20 on July 24, 2015, the Defendant, while driving DK3 motor vehicles at the front of the Gu C Hospital located in the Gu, sent a signal to stop from the police officers belonging to the Gu Police Station E District Unit of the U.S. police station, which controlled drinking while driving DK3 motor vehicles at the front of the Gu C Hospital.

On the same day, the Defendant, at around 23:30 on the same day, tried to re-board the said car during the period between the time when he is waiting for another police officer to take a alcohol test at the site of drinking driving, after receiving a request for a alcohol test, due to reasonable grounds to recognize that he was driving under the influence of alcohol from the slope G belonging to the above E zone, such as smelling around 3 km away from the patrol car in front of the Gumi-si, the Defendant 23:30 on the same day, and assaulted twice by breathing the breath of the G, by putting the breath, and by putting the breath of each hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. Application of Acts and subordinate statutes to each photograph and investigation report (attached to indictment for driving sound);

1. Article 136(1) of the Criminal Act applicable to the crime, Article 136(1) of the choice of punishment, Article 136(1) of the Criminal Act and Article 136(1) of the choice of fine for the crime (in short of the quality of a crime, it appears that the first crime is committed against the victimized police officers, and that the drinking driving part has

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;