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(영문) 대구지방법원 포항지원 2018.10.11 2018고단669

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 2, 2018, the Defendant of the 2018 Highest 669, on June 2, 2018, at the front of the “C” restaurant located in Nam-gu, Nam-gu, Nam-gu, Seoul, and “a person under the influence of alcohol is accompanied by a vehicle.

” 는 112 신고를 접수하고 현장에 출동한 포항 남부 경찰서 소속 순경 D으로부터 피고인 차량에 설치된 블랙 박스 영상의 확인을 요구 받자 화가 나 발로 D의 얼굴 왼쪽 부위, 왼쪽 팔 부위를 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

On June 2, 2018, the Defendant, while under the influence of alcohol 02:40 on June 2, 2018, the Defendant driven FM7 car at the 200m section from the front of a restaurant where the trade name in south-gu E at the port cannot be known at the port during the port to the front of the “C” restaurant located in the same Gu B.

Summary of Evidence

[2018 Highest 669]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of damaged part [2018 high class 876];

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, notification of the results of regulating drinking driving, and the statement report on the circumstances of drivers of drinking;

1. When a person interferes with the performance of official duties in accordance with the relevant provisions of the Criminal Act for a crime: Article 136 (1) of the Criminal Act: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of such unfavorable circumstances as the nature of each of the crimes of this case committed by a police officer who drives alcohol by drinking alcohol and uses violence against a police officer who performs legitimate duties by drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the nature of the crime should be extremely poor in light of the contents of each of the crimes of this case, and even in 2012, there is a record of being punished by a fine of four million won due to drinking driving, the defendant should be selected to be sentenced to imprisonment with prison labor, but the defendant should be sentenced to strict punishment, but the error is recognized and seriously contradictory to the above.