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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2058

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On June 12, 2015, the Defendant of the obstruction of performance of official duties: (a) around 18:15 on June 12, 2015, at the vacant boxes adjacent to D in front of the road located in Chungcheongnam-si, Namyang-si, the Defendant expressed a view of F in front of D in front of the road, “on the road, there is any person on the road. I seem to use the safety bell at the front place, and there is no consciousness; hereinafter the same shall apply) who was dispatched to the site after receiving 112 reports, and asked for the situation where the slope F in charge of having been set up at the place, who was called “scambling the governanceme,” who is able to read as “scambling it.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) by the Defendant at the time and place specified in paragraph (1) of this Article, as the Defendant, at the time and place of the vehicle in Gland, opened the safety level at the seat under the lower part of the driver’s seat with the start of the passenger car in Gland, and accordingly, he did not comply with the breath test by a slopeF, etc. without justifiable grounds, even though there are reasonable grounds to believe that he was driving the said breath under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. The circumstantial report of an employee;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and the choice of fines for negligence on the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order assaults a police officer who intends to confirm the driving in a very dangerous situation, such as a defendant's failure to memory the situation at the time under the influence of alcohol, and refuses to take a drinking test, and has a record of being punished by a fine for a drunk driving in 2014.

On the other hand.