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(영문) 창원지방법원 2017.10.20 2017고단2905
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 2, 2017, the Defendant driven a vehicle XG volume under the influence of alcohol content of approximately 0.157% in blood at the front of the Gu, Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City on July 2, 2017.

2. On July 2, 2017, the Defendant obstructed the performance of official duties and obstructed the operation of the patrol vehicle by means of writing in front of the vehicle, putting the 112 vehicle patrol at the front of the patrol vehicle or her two arms, following the inspection of the police box belonging to the police station Embs in front of the former C, while she was fleeped, who was dissatisfied with the influence of alcohol, and obstructed the Defendant from returning to the police box by blocking the front. The Defendant obstructed the police officer’s operation of the patrol vehicle in front of the vehicle by cutting down the 112 vehicle patrols in front of the patrol vehicle or cutting down the two arms.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention and suppression of crimes by F, public officials, and maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, G and H;

1. Written Statement;

1. Each investigation report (report on the situation of the driver in charge, investigation into the weather industry, and confirmation of the contents of motion pictures and motion pictures);

1. Application of Acts and subordinate statutes to on-site photographs, photographs related to the drinking value calculated by the person under consideration, CCTV video CDs, or photographs in which the person under consideration prevents the vehicle;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act [the lowest sentence shall be applicable to the crimes that violate the Road Traffic Act, and the punishment shall be applicable thereto];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is drunk.

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