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(영문) 대구지방법원 2015.09.08 2015고단2082

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

[2015 Highest 2082] Around 20:20 on April 28, 2015, the Defendant was tried to assault the 119 first responder to rescue of the Defendant after causing a traffic accident in front of Sinsan City in front of C, and was dispatched after receiving a report, the Defendant was subject to restraint from E, a police officer belonging to the police box of Sinsan Police Station.

The Defendant, “A police officer,” and expressed a bath for the above E, and assaulted the above E, “Iskbbbbbbbucks,” and “Isknis, Is the police officer,” and the face of each drinking, one time, to the above E, who continued to be a hospital.”

As a result, the Defendant interfered with legitimate performance of official duties in relation to the police officer's duty of sending a report, and at the same time, ordered the victim E (the age of 51) to receive approximately two weeks of medical treatment.

[2015 High Court Decision 1273] The Defendant is a Fwing and freight driver.

At around 19:40 on April 28, 2015, the Defendant driven a 300-meter section from the Defendant’s dry field located in G in G in Gyeongsan-si to the upper right side of 3-5, a 300-meter front of 3-5 square meters, while under the influence of alcohol content of blood 0.259 percent.

Summary of Evidence

[2015 Highest 2082]

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A medical certificate;

1. A copy of the certificate of public official, and a service log of the D police box (2015, 1273);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the status of a drinking driver;

1. Relevant Articles 257 (1) and 136 (1) of the Criminal Act concerning the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each selective fine for punishment (including the first offender, the reflective fact, and the fact that an agreement has been reached with the victim);

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