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(영문) 춘천지방법원 강릉지원 2016.11.09 2016고단1211
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. When any police officer requests a driver to present his/her driver's license, etc. or asks questions to confirm his/her identity and driver's license in order to ensure the traffic safety or to maintain traffic order while driving a motor vehicle, drivers of the Road Traffic

Nevertheless, on August 10, 2016, the Defendant: (a) driven a D motorcycle on the road front of the C convenience point located in Samkdong-si B on March 10, 2016; (b) discovered the center line to the police officer affiliated with the Samj Police Station E box, and demanded the presentation of the driver’s license; (c) the Defendant did not comply with the foregoing F, “I are patients who are not only police officers but who are suffering from the accident, and are able to see the mind.”

2. On August 10, 2016, the Defendant was arrested as a flagrant offender from a slope G to a police box affiliated with the police box at the third police station, and received the said G entrance skill part as the head of the patrol station, in front of the Clock medical emergency room located in Samcheon-ro 418, Samcheon-do, Samcheon-ro, 18, 201.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Other relevant photographs;

1. Application of the Road Traffic Act and the Acts and subordinate statutes concerning arrest and reporting of persons suspected of obstructing the performance of official duties;

1. Violation of the corresponding provisions of the Road Traffic Act and the judgment of the choice of punishment against the crime: The obstruction of performance of official duties as prescribed by Articles 155 and 92 (2) of the Road Traffic Act: Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 3, and Article 50 of the Criminal Act (the type of punishment for multiple-choice crimes committed on the market is different, and such type shall be imposed concurrently);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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