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(영문) 인천지방법원 2014.11.24 2014고단5476

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 29, 2014, at around 04:40 on June 29, 2014, the Defendant: (a) expressed a 112-report that the occurrence of a traffic accident occurred in front of the Southern-gu Incheon Metropolitan City B; (b) expressed that “us should find out how you can find out, and see it.” On his own hand, the Defendant, who was requested by the said D to take a alcohol test, carried the chest part of the said D at one time and escaped; and (c) continuously avoided the said D, and assaulted the chest part of the said D at one smuggling and one time the left part of the said D.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the control of crimes.

2. On June 29, 2014, the Defendant did not comply with a police officer’s demand for measurement of alcohol without justifiable grounds, even though there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol by driving a vehicle, resulting in a traffic accident as prescribed in paragraph (1) at the Incheon Southern-dong Police Station C District of Incheonnam Police Station, Incheon, Dong-gu, Incheon, and at around 30 minutes, the Defendant did not comply with a police officer’s demand for measurement of alcohol by inserting the vehicle into a drinking measuring instrument for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver, photographs of the site where a suspect is requested to take a alcohol test, and reports on investigation (to hear the reporter's telephone statement

1. Relevant statutory provisions of Article 136(1) of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act and Article 44(2) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 provisional payment order is that the crime in the instant case is light of the nature of the crime.