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(영문) 수원지방법원 여주지원 2015.03.02 2015고단10
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the building business.

1. On December 25, 2014, the Defendant was under the influence of alcohol at around 21:25, the Defendant driven a D low-speed car at the section of about 15 km from the front of the “Saju Police Station” commercial building located in the Yari-gun, the Yari-gun, a 0.092% alcohol level to 0.092%.

2. The Defendant, at the time of the temporary competition as stipulated in Paragraph 1, has been carrying the 'D highest pets in front of the police box of the doju Police Station C, which is located in Section B at the time of the competition.

section 1.

“는 음주 의심 관련 112신고를 받고 현장에 출동한 여주경찰서 C파출소 소속 경찰공무원 경위 E(47세)이 피고인을 상대로 음주운전 여부를 확인하기 위하여 차량을 정지시키자 E에게 “이 개새끼야, 왜 잡냐, 내가 뭘 잘못 해냐”라고 욕설을 하고, E이 피고인에게 음주측정에 응할 것을 수차례 요구하자, 다시 E에게 “개새끼야 죽여 버리겠다.

To not take a drinking test

"Woo," and the 3rd measurement was followed by the alcohol test, and the blood alcohol concentration level was 0.092%, and E expressed the desire to arrest the defendant as a flagrant offender due to drinking driving, and the police official interfered with the legitimate performance of official duties in relation to the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of the primary driving and reports on detection of the primary driving driver;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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