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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1516
공무집행방해
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 24, 2017, the Defendant: (a) on July 24, 2017, around 18:39, at the front of a mountain village in the 142 Singu, Busan Shipping Daegu, the Defendant: (b) was requested by the police officer of the Busan Coast Guard B police box, who was called out after receiving a report of an accident due to drinking conditions, to take a drinking test by C; (c) was unable to take a drinking test by knife the knife; (d) was knife the left shoulder part of C; (e) was knife the body of C with his hand; and (e) obstructed the police officer’s legitimate management of traffic accidents by assaulting C, such as kneekne, by walking once the back part of C’s body with his hand.

On July 24, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, and drinking the face of the Defendant from C, who was sent after receiving a report of a traffic accident, on the roads of the Yeongdeungpo University located in the Busan National Transport Daegu, Busan National University on July 24, 2017.

Even though there are reasonable grounds to determine a seal, upon receipt of a request from C to 19:44 of the same day to comply with the measurement of drinking by inserting the whole part of a drinking measuring instrument three times from that time, he/she did not comply with a request for measurement of drinking by a police official without justifiable grounds by evading the measurement of drinking, such as “finsnching in kniff by knife, so it is impossible to measure drinking.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (limited to screen pictures taken on the spot), a CD of field pictures, and a report on the detection of a driver employed at the main place;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties) concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the selection of each fine for refusing to measure drinking) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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