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(영문) 서울북부지방법원 2020.01.09 2019고단4875

공무집행방해등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant in violation of the Road Traffic Act shall conform to the signals that are indicated by traffic safety facilities, while the driver of any motor vehicle and any horse that are traveling along a road;

Nevertheless, on September 24, 2019, the Defendant driven the above cargo vehicle on September 10:26, 2019, and proceeded with D three-lanes in the vicinity of Dongdaemun-gu Seoul Metropolitan Government from the intersection to the E elementary school, while making a U.S. internship, the Defendant, despite that the signal signal, etc. installed in the front section, was a straight line.

Accordingly, the Defendant violated the signal indicating traffic safety facilities.

2. On September 24, 2019, the Defendant committed an act of obstruction of performance of official duties at the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. On September 10, 2019, the Defendant resisted to a slopeH belonging to the G police station, which demanded the Defendant to verify the act of paragraph (1) during traffic control and present his/her identification card, with his/her hand, and even though H demanded the presentation of his/her identification card, he/she committed an assault by close down the driver’s seat of the said cargo so that he/she was faced with H’s left arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigation report (whether a suspect has violated a signal signal), investigation report (a statement by a sprinke telephone);

1. Application of the Acts and subordinate statutes governing I-Ga CCTV images CDs, suspect booms video CDs, mobile phone image CDs;

1. Relevant statutory provisions concerning criminal facts, Articles 156 subparagraph 1 and 5 (1) of the Road Traffic Act that choose the punishment, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines;

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 defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has violated the signal and controlled the internship.