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(영문) 서울남부지방법원 2018.11.01 2018고단4195
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 13, 2018, around 00:21, the Defendant: (a) escaped from a motor vehicle, which was subject to a request for a drinking measurement from D in the circumstances surrounding the Busan High Police Station C of the Seocheon-gu Police Station C, which had been under the influence of drinking on the roads B in the Bupyeong-si, B,01; (b) D’s stiffing the Defendant; and (c) D’s stiffing the Defendant into the patrol lane to take a drinking test on the vehicle; and (d) D’a

“Chicked and plucked up the left part of D with a bad hand, and assaulted the damaged part of D’s hand over four times, which continued to be fluent by the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. On July 13, 2018, the Defendant, while driving an EMW motor vehicle with drinking alcohol at the aforementioned location at around 00:42, the Defendant was under the influence of alcohol, such as drinking alcohol, smoking on the face of the Defendant, under the influence of alcohol, while driving the EMW motor vehicle with drinking alcohol at the above location, from D’s seat of the Busan High Police Station C, which was under the control of drinking alcohol, and under the influence of alcohol, under the influence of alcohol, by avoiding the control of drinking.

For about 30 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant refused to put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, thereby refusing to comply with a police officer’s request for the measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking, report on the situation of driving of drinking and the register of using a measuring instrument for drinking;

1. Application of the mobile phone image CD-related Acts and subordinate 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 an alternative fine for punishment;

1. Aggravation concurrent crimes;

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