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(영문) 부산지방법원 2015.04.16 2014노4547
공무집행방해
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal did not immediately stop a police officer's stopping signal in violation of traffic regulations at the time of the instant case. However, the Defendant only operated the taxi at the time when it was possible to stop considering traffic congestion situation, and there was no intention to interfere with the police officer's performance of official duties concerning traffic control by assaulting the police officer.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the grounds for appeal, C, a slope belonging to the Busan Northern Police Station guard and traffic safety department, was driving a traffic control on the full-time intersection in Busan Northern-dong at the time of the instant case, and driving a one-way bus along the one-way intersection, driving a one-way bus, and driving a motor vehicle into the full-way intersection. C, a patrol vehicle of the Defendant, demanded that the Defendant stop at the first cost of the patrol vehicle as the safety zone parked, and the Defendant continued to stop without stopping the taxi in accordance with C’s receipt, and the Defendant continued to stop the vehicle in the direction of the driving of the Defendant while getting out of the front front side of the taxi driving by the Defendant while getting out of the body above the front side of the taxi driving by the Defendant, and thus, it is recognized that C’s hand was facing the safety zone of the taxi driving vehicle at the time of the instant case, and that it was possible for the Defendant to stop and stop the vehicle after the cross-driving vehicle.

According to the above facts, the criminal facts of this case can be fully recognized that the defendant interfered with the legitimate execution of public duties concerning traffic control by C, a police officer.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

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