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(영문) 서울북부지방법원 2014.09.26 2014고정951
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of Cone Star Co., Ltd. owned by him.

1. On November 25, 2013, the Defendant: (a) driven and reported the said vehicle under the influence of alcohol on the roads located in the upper-dong 110-11, Jung-gu, Seoul, Jung-gu; (b) requested a measurement of drinking alcohol by an assistant in the Seoul Jung-gu Police Station, which called for, but was rejected and arrested as a flagrant offender.

In this process, the Defendant: “B only deducteds the vehicle from B,” but the Defendant committed a 20 minutes of 20 minutes of the police officer’s legitimate performance of official duties by assaulting, such as plplaling, plaling, plaling, plaling, etc. D’s flob, flob flob, flob, flob, and flob flob, flob, etc.

2. Violation of the Road Traffic Act (Refusal of measurement) was reported to the Defendant on November 25, 2013 when driving the said vehicle while drinking the said vehicle at the same place as the preceding paragraph at around 22:10 on November 25, 2013.

The Defendant was required to respond to the measurement of alcohol in a manner of inserting the part of a slope D belonging to the Seoul Heavy Police Station in a manner of inserting the breath of alcohol into a breath of about 40 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as being breath of alcohol, smelling, breath of snow, and breath of the face, making a breath of alcohol while

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement made to D or F;

1. A written statement of the G production;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of statutes governing enforcement manuals;

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

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