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(영문) 창원지방법원 2018.11.30 2018고단2821
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 26, 2018, the Defendant interfered with the performance of official duties, around 00:30, the Defendant: (a) obstructed the performance of eM3 vehicles parked in the 203rd ground parking lot, in the 203-dong-ro 25 (wing-dong-dong) of Changwon-si; (b) obstructed the performance of official duties; and (c) obstructed the operation of eM3 vehicles parked in the eM3 vehicles parked after receiving a report by 112; and (d) obstructed the operation of the Defendant, by breaking up the kick door of the driver’s seat that was corrected in order to prevent the Defendant from driving.

Accordingly, the Defendant interfered with the legitimate execution of official duties concerning the handling of reported cases and the prevention of crimes.

2. Defendant 1, while under the influence of alcohol level 0.095% during blood, driven the EM3 car at the 25m section of the ground parking lot adjacent to the 203-dong apartment in a franc zone located in the window of Changwon-si, Changwon-si, the same day as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Sentence of a punishment for one year under Article 334 of the Criminal Procedure Act: Confession of imprisonment with prison labor for an indefinite term: Reasons for a reduction of a fine of KRW 6 million: The confession, the wife of a police officer who suffered damage, the absence of force on criminal punishment, etc.;

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