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(영문) 서울동부지방법원 2017.06.08 2016고단4299

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. Around 09:10 on April 5, 2016, the Defendant: (a) was locked at the driver’s seat of the vehicle owned by the Defendant on the front side of Gwangjin-gu Seoul Special Metropolitan City, and was asked by G to respond to the measurement of drinking by the light-gu Police Station Flux G at the G seat of the Gwangjin-gu Police Station that was called upon 112 after receiving a report; (b) was bread to “dice alcohol, bread, and fluored at the same fluored fluor of a bitch.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the control of crimes by police officers.

2. On April 5, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, smelling on the face of the light-based police station located in the Gwangjin-gu Seoul Special Metropolitan City H from around 09:52 to around 10:14, while driving the motor vehicle under the influence of alcohol, from the border G belonging to the said earth, to the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over approximately 22 minutes.

Nevertheless, the Defendant avoided the method of refusing measurement and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Statement of the circumstances of driving at home;

1. Application of enforcement manual statutes;

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

1. Selection of each selective fine for punishment (the fact that the accused recognizes all criminal facts and seriously reflects the fact that the accused has no past record of punishment prior to the instant case shall be taken into account);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with punishment prescribed for a violation of Road Traffic Act, of which punishment is heavier,];

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