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(영문) 서울중앙지방법원 2015.12.11 2015고단6701
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 9, 2015, at least 00:47, the Defendant engaged in obstruction of performance of official duties: (a) on 30-lane 30 meters prior to the entry of the sexual sprink south south of the 309, the Gangnam-gu Seoul Metropolitan tension, and (b) on the bspke car that is expected to stop rhyly by having contacted with the drhyth day, and committed assault by the Defendant of the Seoul Gangseo-gu Police Station C commander of the Seoul Southern Police Station C commander of the police station, who was requested to take a drinking test by the drhum, and d chest part of the d breast by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded from around 40 minutes to comply with a drinking test by inserting it into a drinking measuring instrument from around 01:10 on August 9, 2015, after the Defendant arrested a flagrant offender under suspicion of obstruction of performance of official duties, who was arrested as a flagrant offender under suspicion of obstruction of performance of official duties, at the above time and place.

Nevertheless, the Defendant avoided this and did not comply with a police officer’s demand for a drinking test without justifiable cause.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Control note;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and the choice of fines for negligence on the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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