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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2937
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2013 Highest 2937] On August 21, 2013, the Defendant: (a) around 23:00, in the front of the Agricultural Cooperative located in the Seoul Special Metropolitan City, Gwangju City, the Defendant demanded C to voluntarily carry out the operation of the said box for the purpose of investigation of the accident and the measurement of alcohol after drinking alcohol was reduced by the circumstances belonging to the Gwangju Police Station B police box, who was called to the site after receiving a report that the Defendant was driving under the influence of alcohol; and (b) upon demanding C to voluntarily carry out the operation of the said box for the purpose of investigation of the accident and the measurement of alcohol, the Defendant: (c) taken C’s bath theory that “I will have to get off the neck of this son; (d) has to get off the son’s her hand; and (e) has spawned a slope that belongs to the said police box, which caused the Defendant to restrain drinking; and (e) has obstructed the police officer’s legitimate performance of duties.

[2013 Highest 2961] On August 21, 2013, the Defendant driven a motor vehicle of approximately 5 km up to 1083 km in front of the commercial influent restaurant located in the Seocho-gu Seoul Special Metropolitan City, Gwangju Special Metropolitan City, in the state of alcohol of 0.118% of blood alcohol concentration around 22:45.

Summary of Evidence

[2013 Highest 2937]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to C, D, and F;

1. Photographs of the damaged part of the victim (2013 Highest 2961);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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

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