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(영문) 인천지방법원 부천지원 2014.05.08 2014고정190
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

around 20:00 on December 21, 2013, the Defendant, at the front of the restaurant of the “bak charcoal shot shotbomba” located in the Dapo-Eup, Gopo-si, Kimpo-si, Kimpo-si, and at the front of the restaurant, the Defendant, who was in a trial due to the problems such as the drinking value, was driving the B Tran car while under drinking.

“A person who is demanded to verify the facts pertaining to drinking, drinking, drinking value, etc. by the chief of the police box of the Kimpo Police Station, who was called out after receiving the 112 report to the effect that “D”, “A person who is demanded to confirm the facts pertaining to drinking, drinking, drinking value, etc.,” and expressed D’s chest part by hand, which was tightly pushed back by hand, and the E’s hand, which was removed by hand, was set off on the floor of the portable inquiry device.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the site.

"2014 High 191" means that the Defendant was driving under the influence of alcohol by inserting about 10 meters to the 10-meter parking lot in the future of the new head of the Sinpo City, Shinpo-si, Shinpo-si, Shinpo-si, the Defendant: (a) from the chief of the police box of Kimpo-gu, Kimpo-si, who called the Defendant by a reporter F to drive a Category B Tran vehicle owned by the Defendant; and (b) from the chief of the police box of the Kimpo-gu, the Defendant had reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling about 30 minutes of drinking; (c) the Defendant was requested to comply with a drinking test by inserting the breath in the manner of inserting it into the breath for about 30 minutes; (d) however, he did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 136 (1) of the Criminal Act (Selection of Fine) concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Criminal Act among concurrent crimes.

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