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(영문) 수원지방법원 성남지원 2013.12.05 2013고정1668
공무집행방해등
Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 18, 2013, Defendant A driven BWz C220 vehicles at the section of approximately 2 knife in the direction of “regular hospital” located in the same city from the Seogdong-gu, Seogdong-gu, Sungnam-si, Sung-do, 2968, under the influence of alcohol 0.174% of blood alcohol content around 01:00 on June 18, 2013.

2. On the same day as the above Paragraph 1 above, the Defendant was required to take a drinking test from around 01:20 on the street to C, who belongs to the traffic control division of the Sungnam Police Station, in front of the above 'Manam Police Station'.

However, the Defendant expressed to the above C that “I am thring, I am hring, I am hring, I am hing off, and I am hing off.” The Defendant expressed to C that “I am hing off, I am hing off, I am hing off at any time, I am hing off? I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am hing off, I am at any time,” and “I am in accordance with the legitimate performance of duties by police officers,” such as “I am hing off, I am hing off,”.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to alcohol appraisal reports and investigation reports (as of June 24, 2013) during blood;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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