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(영문) 제주지방법원 2020.08.21 2020고단800
공무집행방해등
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

1. On March 13, 2020, the Defendant: (a) around 01:54 on March 13, 2020, when he was under influence of alcohol in a nearby street B in Jeju-si, Jeju-si, and was dispatched by C (56 years of age) at the Jeju-si Police Station that received the 112 report, “I will write a guest”; (b) on the part of C (56 years of age) of the Jeju-si Police Station called “Is the Defendant for returning home to the Defendant, she was faced with a luminous part of C’s luminous part in the head, thereby hindering the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

2. The Defendant, around 06:30 on April 2, 2020, driven a Fran-free car at approximately 7 km from D before and before Jeju City to E before Jeju City, while under the influence of alcohol with a blood alcohol concentration of 0.058% on April 2, 2020.

Summary of Evidence

[200 Highest 800]

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. A written statement of the G production;

1. Entry into an investigation report (including results of the analysis of CCTV images at the site) and images (including attached documents) of police preparation;

1. Entry in the report processing list of 112 reported cases prepared by the police [20 high-level 989];

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident prepared by police officers, inquiry into the results of the regulation on drinking and driving, statement on the circumstances of a drinking driver, investigation report, and report on a traffic accident (report on the circumstances of a drinking driver), each entry;

1. Application of each video statute to a scene photograph;

1. Article 136 (1) of the Criminal Act and Article 136 (2) 2 of the same Act: Article 148-2 (3) 3 of the Road Traffic Act and Article 44 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties heavier than punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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