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(영문) 대구지방법원 김천지원 2014.09.25 2014고단819
공무집행방해등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On August 4, 2014, at around 23:55, the Defendant: (a) driven a Done Starex under the influence of alcohol with a blood alcohol content of about 0.104% from a 1km section from the front of a restaurant where it is impossible to know the trade name in the Gu, Si, si-si, si-si, si-si si-si si-si si-si si; and (b) from around C in the Gu, Gu, Si, si-si.

2. The Defendant, as stated in Paragraph 1, was driving under influence of alcohol and controlled by F on the front of the above C, but refused voluntary operation and refused F to get on the patrol vehicle after saying “I am special? I am special? I am special?”

The Defendant, who was demanded from F to do his own opportun as it is, and the F, expressed to F that “I am Chewing, I am Chewing, I do not have any power, and I am wal that I am wal we cannot am wald, I am wald. I am wald.” The Defendant expressed two times the face of F in drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act of the choice of punishment, Article 136 (1) of the Criminal Act, the choice of fines (the point of obstructing performance of official duties), and the choice of fines (the point of beginning crimes, the point of failing to cause any accident caused by driving under the influence of alcohol, the point of failing to cause any accident caused by driving under the influence of alcohol, the fact that the damaged police officer attempted to commit a crime to the victimized police officer and tried to commit the crime, the fact that the victimized police officer led to his/her mistake in depth, the confession of the crime, and

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment for the crime of obstruction of performance of official duties with heavy punishment, but the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act);

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