beta
(영문) 광주지방법원 장흥지원 2017.05.25 2017고단41

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 27, 2017, the Defendant violated the Road Traffic Act (drinking) in the same area from the road in front of the cafeteria cafeteria at the center of the parallel of 49, the center of which is located in the parallel of the 49, which is located in the center of the parallel of Yak-gun, Seoul, Seoul.

From about 1 km to the intermediate point of the street-road intersection, the driver was driving the B-wing truck with the alcohol concentration of about 0.158% under the influence of alcohol during blood.

2. The Defendant was found to have been suspected of driving drinking under the influence of alcohol as stated in the above paragraph 1, and subsequently, to collect blood, the Defendant was on board the police box C of the Heung Police Station C with the patrol vehicle D and slope E and moved to the sloping Eup.

On January 28, 2017, at around 00:10, the Defendant got the patrol at the Dong Dong-dong Intersection of the same Gun, and the Defendant was unable to escape from the riot, such as “at the left side of the patrol vehicle,” and “at the back of the patrol vehicle,” and “at the left side of the patrol vehicle,” and “the head of the patrol vehicle,” and “the head, etc. of the fluence.”

Accordingly, in the next place;

D When the defendant was removed from the defendant, the defendant d d d d d d d d d d d d d d d d d d d d d d d d d's body.

Therefore, the driver has driven the patrol vehicle.

E stops and the back seat of E was committed by the heater, the Defendant, and the Defendant, by double descendants, by putting the head debt of E.

Accordingly, the defendant interfered with the legitimate execution of official duties on the criminal investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who interferes with the execution of public duties by mutual consent, or by a person who interferes with the performance of public duties by mutual consent, with a heavier punishment);

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Act for the aggravation of concurrent crimes shall be set forth to interfere with the execution of heavier official duties.