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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On October 16, 2017, the Defendant, who violated the Road Traffic Act (refluence of alcohol measurement), was making a stop due to an accident in which the Defendant, while driving a B-co-sports car while drinking on the front of 24-lane 19,486, as the same coal bnd around 16, 2017.
The Defendant driven under the influence of alcohol, such as a 112-report, while driving a motor vehicle under the influence of alcohol from the chief of the police box belonging to the Sungsung East Police Station and C police box, in which the Defendant had a blood color red, cross-rout, and a bridge.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.
Nevertheless, the Defendant avoided dancing in a drinking measuring instrument and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, by avoiding it by means of hiding it.
2. 공무집행 방해 피고인은 제 1 항 기재의 일시, 장소에서 화성 동부 경찰서 생활안전과 C 파출소 소속 경장 D으로부터 음주 측정에 응할 것을 요구 받자, “ 씨 발 짭새 들” 이라고 욕설을 하며 손으로 D의 가슴을 1회 때려 폭행하였다.
Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Statement of the circumstances of the driver involved in driving;
1. Each investigation report (for the time when the main driver reports the situation and the alcohol measurement is requested, the analysis of the Defendant vehicle's black stuff);
1. Application of Acts and subordinate statutes to photographs;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);
1. Selection of each alternative fine for punishment;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with punishment prescribed for a violation of Road Traffic Act, of which punishment is heavier,];
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.