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(영문) 서울서부지방법원 2015.08.25 2015고단1591
공무집행방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 23:30 on June 12, 2015, the Defendant driven a 200-meter radius from Yongsan-gu, Yongsan-gu, Seoul to the 8-ro 41-gil, Yongsan-gu, Seoul, and the 179-ro, Yongsan-gu, Seoul, the Defendant driven a knive knick-in vehicle with approximately 0.09% of alcohol level, while under the influence of alcohol at around 200 meters.

2. On June 12, 2015, the Defendant of the obstruction of performance of official duties, around 23:30 on the front of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, the Defendant: (a) driven the foregoing paragraph 1 on the front of Yongsan-gu, Seoul, and was under control by the police officer E (the age of 37) at the border of the traffic safety department E (the age of 37) belonging to the Seoul Yongsan-gu Police Station; (b) “I see that the Defendant “I saw I saw I me, me me me me me me me me, me me me me me me me me me me me me me me, and I me me me me us us us us us us us us us us us us us us us us us us us us.” (c) On the Defendant’s blood collection request.

Accordingly, the defendant assaulted police officers to interfere with legitimate performance of official duties concerning the crackdown on drinking driving of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Investigation report (in cases of suspect A's blood alcohol concentration trend);

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is aggregated with the aggravated punishment as provided for in the crime of obstruction of performance of official duties heavier than the punishment and the maximum amount of the two crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order are driving under the influence of alcohol.

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