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(영문) 춘천지방법원 2014.04.29 2014고정17
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at the local level B. A.

On August 9, 2013, at around 06:10 on August 9, 2013, the Defendant engaged in obstruction of performance of official duties: (a) assaulting the Defendant, standing on the side of the Central Highway 369.8km (subsan) located in the Hancheon-gun, Hongcheon-do, Hongcheon-do; (b) “I would like to be why the Defendant would have been able to have been able to know that the Defendant was driving on the side because he was suspected of drinking; and (c) “I would like to be why he would have been able to have been able to drive on the side; and (d) caused him to feel a threat to his body on the side of the two sides, thereby interfering with his legitimate performance of official duties; and (d) interfered with his legitimate performance of duties.

B. On the same date and at the same place as in the preceding paragraph of the Road Traffic Act (Refusal of Drinking Measures), there are reasonable grounds for recognizing that a person was driven while under the influence of alcohol by drinking, such as smelling and smelling on the face of the expressway patrol zone D from the expressway patrol zone D, and refusing to comply with a police officer’s demand for a drinking test without justifiable grounds, even though he was required to comply with the drinking test by inserting the drinking measuring instrument up to three times in total, up to 06:10 (1j), 06:25 (2) and 06:40 (3j).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant Article 136 of the Criminal Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (the point of refusing to measure and selecting a fine);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of the fact that it is difficult to see that a defendant actually drives in relation to refusal of measurement of discretionary consumption, etc.);

1. The Criminal Act for the detention of a workhouse;

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