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(영문) 인천지방법원 2016.09.01 2016고단3752
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around 22:55 on March 18, 2016, the Defendant, while under the influence of alcohol by 0.122%, was driving a B-Adi A6 vehicle while under the influence of alcohol, and proceeded with a section of approximately 300 meters from the front of the “water-hump vehicle” in Incheon Bupyeong-gu market to the front of the “Ddong” road.

2. At around 22:55 on March 18, 2016, the Defendant engaged in obstruction of performance of official duties, at the front of the “D pharmacy” as stated in Paragraph (1), assaulted by the Defendant, who was informed of the fact that the Defendant was sentenced to a fine, and who was informed of the fact that the Defendant was sentenced to a fine, during his identity inquiry, by means of drinking driving from the “Ddong,” the “Ddong,” as indicated in paragraph (1), and who was informed of the fact that the Defendant was sentenced to a fine of the Defendant.” The Defendant stated, “I will be subject to a fine,” and “I will be subject to governance. I will come to end. I will come to know. I will come to know. I will come to know.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to report internal death and arrest of fine, flooder, and witness;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 148-2 (2) 2 of the Road Traffic Act (the point of obstruction of performance of official duties), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is not limited to driving under drinking, and the defendant assaulted a police officer responsible for drinking control to commit the instant crime that obstructs his legitimate performance of official duties, and the nature of the crime is not somewhat weak, and the police officer who suffered damage did not have expressed his intention not to punish the defendant, but the defendant does not have the same kind of intent.

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