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(영문) 창원지방법원 2017.11.01 2017고단2868
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Criminal facts

1. Around 21:50 on July 23, 2017, the Defendant driven a car with approximately 10 meters of alcohol level 0.096% under the influence of alcohol level 0.096% in front of the first place of the G Voluntary Crime Prevention Guards located in D at Kimhae-si, Kimhae-si.

2. On July 23, 2017, the Defendant, who obstructed the performance of official duties, was dissatisfied with the first day of the G Voluntary Crime Prevention Team in Kimhae-si on the roads of Ganhae-si on the front day of the Ganhae-si, which was subject to drinking control, such as paragraph 1, and was able to find back the same again, and the police officer under drinking control, such as “the son, son,” etc., of the police officer under drinking control, the Defendant should not take a bath against the police officer.

"At the same time, I would like to restrain it", and "I would like to continue to be "I would like to leave the same kind of sphere while doing so", and I would like to make the left sphere and sphere part of the above J one time by bad hand.

Accordingly, the defendant, who is a police officer, interfered with legitimate execution of duties concerning prevention and suppression of the J crime, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had the record of being punished for drinking even before the sentencing period, and the fact that the Defendant committed each of the crimes of this case without being aware of the period of repeated crime, are disadvantageous to the Defendant.

On the other hand, the defendant repents his mistake in depth and reflects it, and there are some circumstances to consider the motive and background leading to each of the crimes in this case, and the police officers J.

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