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(영문) 서울남부지방법원 2016.06.21 2016고단1607
특수공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The driver of any motor vehicle violating the Traffic Act shall fasten the safety seat belt while driving the motor vehicle;

On February 1, 2016, at around 10:00, the Defendant operated B cargo vehicles without wearing safety seat belts from the influoral land of Gangseo-gu Seoul Metropolitan Government to the influoral road of 457-1, Seocheon-gu, Seocheon-gu, Seoul.

2. The Defendant interfered with the performance of special official duties at the same time and at the same place as paragraph 1, and at the same time and place, controlled by C with a seat belt worn by the superintendent of the police station in the Gyeonggi-do Seoul Special Metropolitan City, the Defendant did not comply with the request to present an identification card, and driving the above vehicle after closing the window of the driver’s seat and driving the said vehicle beyond C, which verified the vehicle number in front of the said vehicle.

Accordingly, the defendant, by shocking C with a dangerous object, has interfered with the legitimate execution of duties of police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on an investigation, a report on an investigation (for example, a screen image screen), a black stuff storage CD, a criminal investigation report (for victims and suspects, counter investigation, etc.);

1. Article 144(1), Article 136(1) of the Criminal Act (a) of the relevant Act on the facts constituting an offense; Article 156 Subparag. 6, and Article 50(1) (a) of the Road Traffic Act (a point of obstructing the performance of special official duties);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment shall be aggravated within the extent that the aggregate of the maximum amount of each offense committed with respect to a crime of obstructing the performance of special duties, with more severe punishment];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 15,200,000; and

2. Determination of sentence: A fine of KRW 3 million (for favorable circumstances) has no history of criminal punishment, and a damage shall be caused by the stop and serious reflect (or unfavorable circumstances) immediately after the shock of the victim.

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