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(영문) 부산지방법원 2016.05.23 2015고단6054
도로교통법위반등
Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 200,000 won, and Defendant B shall be punished by fines of 200,000 won, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. No one shall be allowed to sit, sit, or standing on a road in such a manner as to obstruct the traffic on the road;

Nevertheless, for about 15 minutes from July 12, 2015 to 22:38, the Defendants conspired to commit an act of prohibiting the passage on a road by keeping the road from the front side of the “D cafeteria” in Busan-gu Seoul-gu, with the influence of alcohol on the front side of the Fabur-pured vehicle driven by E driving on the road, without any justifiable reason, while driving the road on the front side of the Fabur-gu vehicle driven by E.

2. Defendant A’s sole criminal act (Interference with the performance of official duties) committed an assault by Defendant A, while carrying out a bath to the police officer, such as “a young police kids who are shot, shot, shot, and shot, shot, and shot, shot, who were sent to the scene after receiving a report at a time and place set forth in paragraph (1) and sent back to the scene, including “hing, drinking, shot, young police shot, shot, shot, and shot,” and assaulting Defendant J and slope I’s chest, so far as it is difficult for the police officer to take the arms of both sides of H, as well as making it clear.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police statement statute to E, H, I, and J;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act; Article 157 Subparag. 4 and Article 68(3)2 of the Road Traffic Act; Article 30 of the Criminal Act

B. Defendant B: Article 157 subparag. 4 and Article 68 subparag. 3 subparag. 2 of the Road Traffic Act, Article 30 of the Criminal Act

1. Imprisonment with labor for a crime of interference with the selective performance of public duties, and selection of a fine for a crime of violating the Traffic Act on each road;

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)3, and Article 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act, each of which is to attract a workhouse;

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