logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.03.10 2015고단1284
공무집행방해등
Text

Defendant shall be punished by a fine of 5 million won.

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

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant interfered with the performance of official duties, and obstructed the police officer’s legitimate execution of duties concerning the mobilization of reports and control of crimes, by assaulting, on the ground that, around October 31, 2015, the Defendant: (a) reported a vehicle suspected of driving alcohol on the front of a D cafeteria located in Hongcheon-gun, Hongcheon-gun, Seoul, to a drinking-free vehicle; (b) the details of the F belonging to the Hongcheon Police Station E District, which was called out after receiving a report on the vehicle suspected of driving alcohol; and (c) the G

2. On October 31, 2015, the Defendant: (a) found the Defendant’s vehicle suspected of driving drinking alcohol in front of the D cafeteria located in the Hongcheon-gun, Hongcheon-gun, D Kacheon-gun; (b) found the Defendant’s vehicle parked in Hongcheon Police Station E District F, and G on the vehicle; and (c) found the Defendant at the vehicle; and (d) found the Defendant, the Defendant driven a drinking alcohol, such as drinking alcohol, by drinking alcohol and raising the scar on the face.

There are reasonable grounds to determine a person, and from around 01:54 to around 02:24 of the same day, the Hongcheon Police Station E zone in Hongcheon-gun H requested to respond to the measurement of drinking alcohol by inserting approximately four minutes in a so-called so-called so-called drinking measuring instrument four times during the period of about 30 minutes.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Each legal statement of witness F, G, and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The circumstantial report of the driver employed at the main place;

1. A letter of arrest of a flagrant offender;

1. Application of statutes on field photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (the point of refusing the measurement of drinking alcohol);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow