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(영문) 창원지방법원 2018.05.02 2018고단593
공무집행방해등
Text

Defendant shall be punished by a fine of 6 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. On December 15, 2017, the Defendant interfered with the performance of official duties, at the public parking lot in the Godong-gu, Jin-gu, Jin-si, Jin-si, Jin-si, Kim Jong-si, Kim Jong-si, and on the ground that a slope C affiliated with the Police Station B police box in the House B is trying to move the Defendant’s Track vehicle with the entrance of the parking lot, on the ground that he was called “on the part of the Defendant’s Track, leaving the vehicle in the Track,” the Defendant died of the said C, and caused the said Track to go off from the above Track vehicle.

계속하여 피고인은 공무집행 방해죄로 현행범 체포되어 순찰차에 타는 과정에서 발로 위 C의 다리 부위를 1회 찼다.

Accordingly, the Defendant interfered with the performance of official duties by assaulting a police official who is performing legitimate duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, at around 23:27 on the same day as in the preceding paragraph, was driven under the influence of alcohol by an acting engineer E, who had been the Defendant, stated that he “the Defendant had observed drinking” as in the preceding paragraph, and driven under the influence of alcohol, such as drinking and smelling to the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole in a drinking measuring instrument, and failed to comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and fines for criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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