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(영문) 의정부지방법원 2015.07.10 2015고단1149
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

Punishment of the crime

1. Around 03:00 on March 28, 2015, the Defendant: (a) received a report that the vehicles are moved along on the road in front of the construction site of the Da apartment near the Namyang-si, the Defendant assaulted the said E by taking a bath to the police officer belonging to the Gyeongginam-gu Police Station in charge of traffic accident at the site; (b) walkinging the left side of the said E, etc.

Accordingly, the defendant assaulted a police officer who performs duties in relation to traffic control and prevention of traffic hazards, and interfered with his execution of duties.

2. While the Defendant reported the above accident at the time and place, the person who reported the accident, the police officer, etc., and the victim E demanded a measurement of drinking so as to confirm whether the Defendant was drunk, the Defendant made a public insult of the victim by openly insulting the victim by putting the victim “I am sk kb kb kbb kb kbb kbb kbbbs, and hacking the victim “I am.

3. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant at around 03:20 on March 28, 2015, the Defendant was requested by the police officer to measure the alcohol level three times from the police officer who determined that there was a considerable reason to suspect that the Defendant had driven alcohol on three occasions, including the Defendant’s face not only is red and snicking, but also is not in compliance with it.

Accordingly, the defendant refused a police officer's demand for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Sovereign photographs, etc. which refuse to measure drinking;

1. Application of Acts and subordinate statutes, such as a complaint;

1. Relevant Articles 136 (1) and 311 of the Criminal Act concerning the crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act for the detention of a workhouse;

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