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(영문) 대구지방법원 2012.12.21 2012고합1164
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 11, 2012, at around 02:15, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level) discovered a slope E from the C Zone to the C Zone in the Daegu Southern-gu, Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, about a 1km section to the parking lot, and requested the Defendant to respond to a drinking test by inserting approximately 30 minutes of alcohol into the drinking measuring instrument in a manner of inserting the c Zone for a drinking measuring instrument, such as smelling alcohol and smoking on the face, etc.

Nevertheless, the defendant did not refuse identification card, refused to measure a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. On June 11, 2012, the Defendant interfered with the performance of official duties by a police officer, on the grounds that the Defendant arrested a flagrant offender on the grounds of paragraph (1) and arrested him/her on the grounds of the same ground, and committed assault by a slopeF belonging to the C District on the ground that he/she changed the head of the slopeF on one occasion on the ground that he/she committed assault and assaulted him/her on the part of his/her head, while waiting for the air in relation to the investigation at the traffic investigation department of the Daegu Southern Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver (No. 42 pages of investigation records);

1. Application of Acts and subordinate statutes to investigation reports (as to actions of a suspect, against refusal to measure drinking, and re-preparation of a report on detection of a drinking driver);

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure a noise, the choice of fines), and Article 136 (1) of the Criminal Act (the occupation of obstructing performance of official duties and the choice of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence of the punishment for concurrent crimes with the punishment stipulated for the crime of obstruction of performance of official duties heavier than that of the punishment] shall be the concurrent crimes: Provided, That the minimum sentence of the punishment shall be the violation

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