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Reasons
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(영문) 수원지방법원 2017.09.19 2017고단4289
공무집행방해등
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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On May 16, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle at the construction site located in the wife B of Taesi-si on May 11:16, 2017, while under the influence of alcohol with approximately 0.114% of alcohol during blood, the Defendant driven a vehicle of 1m of Lone Starex.

As alleged by the Defendant, the Defendant heard the horses that alcohol content in blood constitutes the revocation of a driver’s license after the measurement of alcohol, and the police officer saw the vehicle with the defect that he/she intends to bring the Defendant into the vehicle while putting the vehicle in sight with the driver’s license and putting it out on the clurb

In light of the purpose of the Road Traffic Act that seeks to ensure the safety and smooth flow of road traffic and the degree of risk related to the accident of motor vehicles in the above condition, the passenger car in the line of duty shall be deemed to fall under the driving as prescribed by Article 44(1) of the Road Traffic Act, as the operation of the motor vehicle was completed by the defendant (see, e.g., Supreme Court Decisions 98Da30384, Nov. 12, 1999; 2010Do4150, May 27, 2010). 2.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on investigation (on-site investigation, black stuff image) and attachment of black stuff images;

1. Application of the relevant Acts and subordinate statutes, such as tearing pictures, etc.;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Aggravation concurrent crimes;

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