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(영문) 대구지방법원 2013.06.19 2013고정1142
공무집행방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 30, 2013, the Defendant was engaged in obstruction of performance of official duties, and the Defendant: (a) on the fourth national highways prior to the C elementary school located in B of Gyeongdong-gun, Gyeongdong-gun on March 30, 2013; and (b) on the roads under the influence of alcohol, the Defendant stopped the Defendant’s DNA rocketing car and was diving.

At this time, the Embox F, the police box G, who was dispatched to the scene after receiving the report of the fire box, was broken the Defendant by keeping the glass window for the said vehicle, and the Defendant was allowed to open the window.

Although the defendant was found to have smelled, the slopeF demanded that the defendant comply with the drinking measurement by keeping the drinking reduction apparatus in the narrow of open windows, the defendant refused it. However, while the defendant refused it, the defendant laid his own window to stick the arms of slope F in the narrow of windows, and the sloping G laid down his hand in order to unfold the motor vehicle locking device, and the defendant laid down his arms by double hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the crackdown on drinking driving, and at the same time put the victim G (33 years of age) into the right blue blue base for approximately two weeks of medical treatment.

2. Around 01:00 on March 30, 2013, the Defendant driven the car as referred to in the above 10K distance to the road front of the national highway No. 4 of C elementary school in front of the national highway No. 4 of the C elementary school in front of the Gyeonglung-gun, the Gyeonglung-gun, the Gan-gun, the Gannan-gun, the Gannan-gun, in a state of alcohol concentration of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Place of service;

1. A medical certificate;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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