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(영문) 의정부지방법원 2013.10.15 2013고단2927
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

A seized grandchild (No. 1 of the seizure list) shall be confiscated.

Reasons

Punishment of the crime

On November 14, 2012, the Defendant received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on November 14, 2012; and on July 10, 2013, the Defendant received a summary order of KRW 5,00,000 from the same court on July 10, 201;

1. On September 2, 2013, from the road where it is impossible to find out the spreading in the Madrith on the Madge on September 12, 2013 of the Road Traffic Act and the Road Traffic Act Violation (Free Driver’s License) to the road before the police box located in I of the same City, K Belgium under the influence of 0.188% of blood alcohol concentration without obtaining a driver’s license in the section of approximately 2.5km to the road before the police box located in I of the same City;

2. On September 2, 2013, at around 12:10, 2013, the police box of the Macheon-si Police Station located in Spocheon-si I received the notification of the imposition of a fine as a result of a drunk driving and the notification of the imposition of a fine. The police officer’s lawful execution of duties concerning the maintenance of public security and order by threatening L(54 years old) (a police officer) to whom he belongs of the above police box where he had been located, to whom he had been carrying a dangerous weapon (35cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Police seizure records;

1. Report on detection of drivers and details of driving license taxes;

1. On-site photographs and criminal implements photographs;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (formers and confirmation reports) and Acts and subordinate statutes;

1. Relevant provisions of Articles 144 (1), 136 (1) of the Criminal Act for the crime concerned, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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