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(영문) 인천지방법원 2015.05.14 2015고단1261
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 00:09 on March 14, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.156% 0,00, the Defendant driven a FNA-si car at the section of approximately 200 meters from the Do in front of the land treasury of the Nam-gu Incheon Metropolitan City to the cafeteria in front of the restaurant located in D.

2. On March 14, 2015, at around 00:09, the Defendant: (a) prevented the performance of official duties from driving alcohol from a policeman belonging to the traffic safety department of the Incheon Southern-gu Police Station in front of the Incheon Southern-gu, Incheon, the Defendant: (b) prevented him from driving alcohol; (c) however, G rejected him; (d) said G’s proxy engineer; (c) said G refused to do so; and (d) said G’s hand booms with her hand while taking a bath, and carried G’s shoulder at one time.

Accordingly, the defendant assaulted G who is a police officer, thereby obstructing the police officer's legitimate execution of duties concerning the crackdown on drinking driving.

3. At around 00:20 on March 14, 2015, the Defendant damaged public goods, who was arrested on the charge of drunk driving and obstruction of performance of official duties as stated in paragraphs (1) and (2) of the said Article, destroyed the Defendant’s repair cost of KRW 60,500 by pushing the snicker on the back of the patrol vehicle, which was set up on the glass door to the right side of the patrol vehicle while resisting the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A report on investigation;

1. Application of vehicle photographs and motion picture Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act for the crime, Article 141 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act for the crime;

1. Selection of a fine for negligence (the defendant reflects the depth of the crime and takes into account the fact that he has no previous record of the same kind);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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