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(영문) 인천지방법원 부천지원 2013.12.04 2013고정1776

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 16, 2013, at around 21:40, the Defendant: (a) while driving a CFna vehicle in front of the Nowon-gu, Seoul Special Metropolitan City with drinking alcohol; (b) discovered that the police officer’s drinking control was conducted in the vicinity of the above place; and (c) made the Defendant, who was sitting on the top of the above vehicle, sited into the driver’s seat to avoid this control.

However, this fact was discovered to the on-site police officer, the victim E, a police officer belonging to the traffic control department of the subsidiary, 1,000 U.S. police station, was allowed to get off the vehicle D, and tried to move the vehicle to one side of the road.

The Defendant, who was seated on the rear seat of the vehicle, was ‘the victim's legitimate performance of official duties, such as ‘the victim', ‘the victim', ‘the victim', ‘s right-hand blap, and the victim's right-hand blap, opened the driver's seat immediately from the vehicle, and drawing the victim's blap with both hand.

Summary of Evidence

1. Statement to E by the police;

1. A written statement;

1. The application of Acts and subordinate statutes as a copy of drinking meters use register, and a copy of traffic extracurricular service designated mark;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of 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;