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(영문) 서울서부지방법원 2016.02.11 2015고단3300
공무집행방해등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 19, 2015, at around 23:40, the Defendant obstructed the performance of official duties, at the front of the Eunpyeong-gu Seoul, Eunpyeong-gu Safety Center 294 colored, 119 Safety Center, the Defendant: (a) obstructed the performance of official duties; (b) D police officers affiliated with the Seoul Western Police Station C, a police officer under the Seo-gu Seoul Police Station C, who controlled drinking, were at the discretion of the patrolr; (c) refused the measurement of alcohol so that he was at the discretion of the patrolr; (d) laid his cell phone in front of the patrolr; (d) laid his cell phone on the floor; and (e) displayed the shoulder door at the right right side of the clothes; (e) threatened the police officers of the same C, who were taking the dynamic image with a cell phone for the purpose of identification, cut off the e-mail by hand, and cut off the cell phone from the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation, suppression and prevention of police officers.

2. Violation of the Road Traffic Act (Refusal of drinking measurement) by the Defendant, at the time of the day specified in paragraph (1) of this Article, failed to comply with the police officer’s measurement of drinking without justifiable grounds, even though he/she was required to comply with the foregoing police officer’s drinking measurement by inserting alcohol in a manner of inserting it into a drinking measuring instrument for about 36 minutes at the crackdown site and at the traffic center connected with the above police officer D, after driving a motor vehicle under drinking at approximately 5 km section from around a cafeteria in Seodaemun-gu, Seodaemun-gu to the above control point to the front day of the safety center in Eunpyeong-gu Seoul, Seoul, the point where the Defendant was located.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to take measurements of alcohol), and the selection of fines for each crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the punishment is to interfere with the execution of heavier official duties).

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