beta
(영문) 대구지방법원 2013.04.26 2012고합1301

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 7, 2008, the Defendant was issued a fine of KRW 1.5 million by the Daegu District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million by the same court on September 7, 2011, respectively.

1. On October 23, 2012, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.096% at around 21:45 on October 23, 2012, and the Defendant driven C rocketing car at the section of about 100 meters from the front of a restaurant located in the Cho Youngdong-gu, Gyeong-dong to the front of Gmatet located in the same Dong.

2. When the Defendant was subject to drinking control by E, a police officer affiliated with the police box of the Morse Police Station, the Defendant expressed that E was “this sprink and sprink,” and used his face to commit assault on one occasion with the hand floor, thereby obstructing the police officer’s legitimate performance of duties concerning drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (attached to previous records and copies of summary orders);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

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;