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(영문) 창원지방법원 2016.01.28 2015고단2343
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Criminal facts

1. On August 23, 2015, the Defendant: (a) driven a DM7 vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of 0.126% from a section of about 50 meters from the front of Kimhae-si, to the front of the CU convenience store located in the same 1239-5, around the 1239-5 road.

2. Interference with performing public duties;

A. On August 23, 2015, around 21:50, the Defendant committed the crime on the road before Kimhae-si, Kimhae-si, on August 23, 2015, at around 21:50, when he received a report that there was a parking-related trial expenses, and tried to identify the details of the report and the personal information of the person in charge, such as G and G, the police officer belonging to the F District of the police station in the Kimhae-gu, Kimhae-gu, who called the site, and tried to identify the details of the report and the personal information of the person in charge. However, the Defendant made a common bath for G, and carried out three times in his hand, sealed the chest part of G in three times, pushed the shoulder part in two times, pushed the shoulder part in two times in order to ask questions about whether the Defendant is driving, and assaulted by G to five times the chest part of G.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and maintenance of public peace and order.

B. On August 23, 2015, around 22:05, the Defendant committed the crime at the front parking lot of the FJ district located in Kimhae-si Police Station in Kimhae-si, Kimhae-si, on August 23, 2015, and subsequently arrested a flagrant offender under suspicion of interference with the performance of official duties for the foregoing reason, and during the course of transporting the Defendant by H, the Defendant abused the Defendant’s arm’s arm’s length in the process of carrying the Defendant. However, the Defendant committed the assault, such as receiving the parts of his back head, which are the left part of H’s left parts.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to L, H and G;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 136 (1) (the point of obstructing the performance of official duties) of the Criminal Act in relation to the facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) of the same Act;

1. Selection of each alternative fine for punishment;

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