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(영문) 대구지방법원 2013.04.11 2013고단1486
공무집행방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 29, 2013, at around 05:55, the Defendant driven BK-5 vehicles from a cafeteria in the mutual infungdong, Nam-gu, Daegu-gu, to a erode distance from approximately 1 kilometer to a hotel, either Gu or Gu, in the state of the main stream of the blood alcohol concentration 0.086% of the blood alcohol concentration.

2. On January 29, 2013, the Defendant: (a) 06:05 around 06:05, obstructed the performance of official duties in a hotel street in the Gu-dong, Nam-gu, Daegu-gu; and (b) was demanded to set lock in the said car; and (c) to leave the car from an slope D and a slope E belonging to the Daegu Southern Police Station C District, which was called out after receiving the 112 report.

Accordingly, the Defendant, as a elbow, 2 to 3 times with the chest part of the above E, and the above D expressed that “I sp and I am sp and I am sp.” to the above D.

As a result, the Defendant interfered with the legitimate performance of official duties on the duty of handling the 112 Report by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the defendant, D, and E;

1. Reporting on detection of violations of the Road Traffic Act;

1. The circumstantial report of an employee;

1. A written notification of the result of regulating drinking driving;

1. At night working days in the C District;

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the execution of public duties, the choice of fines) and Article 148-2 (2) 3 of the Road Traffic Act (the point of driving sound and the choice of fines) concerning the crime

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. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not minor, the punishment shall be determined as ordered in consideration of all such normal data as the defendant's age, occupation, etc., in addition to the fine once in 2008, there is no other criminal record except for the case of a fine once in 2008, and there is no other criminal record.

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