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(영문) 인천지방법원 2014.11.24 2014고단6984
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Under the influence of alcohol, the Defendant committed the following crimes under the influence of alcohol, which lacks the ability to discern things or make decisions.

1. On September 28, 2014, a person violating the Road Traffic Act (prohibited acts, etc. on roads) shall not be allowed to sit, sit, or standing on a road in such a manner as to obstruct the traffic of the road on the road, but the defendant, around 17:39 on September 28, 2014, took a seat on the road under the influence of alcohol on the street of the DNA set in Seo-gu Incheon Metropolitan City C, thereby hindering the traffic of the vehicle.

2. On September 28, 2014, the Defendant: (a) contacted with the notification of 112 on the grounds as above, on the part of the delivery of the above place, that “any person is not under the influence of alcohol on the road, and there is a danger of accident,” and (b) moved out of the road to the road after taking over the 21st patrolr belonging to the E Zone, who was called out of the road; (c) went out of the road; and (d) went back to the road; and (d) went out of the road; and (d) was under the control of the victim F slope and G

The Defendant considered the police test of the Defendant, “I am on the 112 report processing duties of the police officer, I am to see how well it is? I am to see how well it is? I am to am, and am to am to am to am to the above police officers, and am to am to am to four times by hand, and interfere with the legitimate performance of official duties of the police officer in relation to the 112 report processing duties.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to G, F, H, and I;

1. Relevant statutory provisions of Article 136 (1) of the Criminal Act, Article 157 subparagraph 4 of the Road Traffic Act, and Article 68 (3) 2 of the Road Traffic Act, the selection of each fine for the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is less severe than that of the crime.

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