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(영문) 대구지방법원 안동지원 2018.01.19 2017고단695
공무집행방해등
Text

1. The sentence against the accused shall be seven million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 01:30 on September 10, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven a Cring congested car at approximately 00 meters alcohol concentration of about 0.146% from the 200-meter section to the farm access road, which the Defendant cultivated by the Defendant in CY-gun-gun, North Korean-do. On the other hand, the Defendant driven a Cring congested car at around 00 meters from the front side of the farm heading farm to the front side of the farm heading.

2. Around 02:10 on the same day, the Defendant interfered with the performance of official duties, sent a door to the house of the owner of the land located near the farm of the said head, put the door to the house of the owner of the land near the farm of the said head, and put the light of the said heading vehicle, and returned to the farm of the said heading farm.

At around 02:24 on the same day, the Defendant reported 112 that “the Defendant was fluoring the door, continuing to sound the door,” before the farm of the above head of the farm, and demanded the Defendant to enter the police box affiliated with E, security guards, and F, the police box of the Dobong-gu Police Station D, which called “the Defendant was called,” but the Defendant refused to comply with the request and attempted to walk and drive the signal on the contact vehicle, and the Defendant was fluoring the chest part of the above E on the chest part of the Defendant’s chest.

Accordingly, the Defendant interfered with legitimate execution of duties concerning reporting duties and crime prevention by police officers in uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Arrest report of the occurrence of the case, notification of the results of crackdown on drinking driving, report on the situation of the driver of the vehicle, report on photographing of the vehicle's parking condition by the driver of the vehicle, inquiry about the results of crackdown on drinking, and notification to the reported department of the 112 case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts and the driving of selective drinking of a punishment: Interference with the performance of official duties under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of a punishment penalty): Article 136 (1) of the Criminal Act (Selection of a punishment penalty);

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 of the Criminal Act to attract a workhouse.

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