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(영문) 수원지방법원 성남지원 2016.11.04 2016고단1511
공무집행방해등
Text

Defendant shall be punished by a fine of seven 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. At around 22:00 on February 23, 2016, the Defendant: (a) operated a vehicle by F F-F-rop, while under the influence of alcohol on the road in front of the E-ju station located in Gyeonggi-gun, D; (b) discovered police officers who had been under drinking control at that place and escaped therefrom; (c) became unable to escape any more by the patrol vehicle towing the said vehicle in front of the KH hall; (d) making it impossible to stop the said vehicle in front and rear by the patrol vehicle towing the said vehicle; (b) disregarding the police police’s demand for the said vehicle by stopping the said vehicle at a more than 10 minutes after driving the vehicle; and (c) by doing so, the Defendant died in front to prevent the Defendant from serving again on the said vehicle, the Defendant, a auxiliary police officer belonging to the I of the Gyeonggi Provincial Police Agency, with the front to stop the Defendant’s use of the vehicle in front or rear the 1st century.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the duty of regulating drinking driving.

2. The Defendant violated the Road Traffic Act (driving) in a manner under the influence of alcohol by 0.104% from a section of about 300 meters from the 300-meter radius to the front road of the H community hall located in G from the 300-meter radius from the trade name in the Sacheon-gun Sacheon-si, a temporary border game, such as the statement in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to report the state of driving under the influence of alcohol and to notify the results of drinking control;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines for 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. Defendant for sentencing under Article 334(1) of the Criminal Procedure Act.

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