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(영문) 춘천지방법원 강릉지원 2018.04.26 2017고단1529
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 16, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) operated a cruise car owned by the Defendant at a section of about 100 meters from the front of the C apartment in the East Sea to D in the East Sea without obtaining a driver’s license around 16:30 on November 2, 2017.

2. On November 2, 2017, the Defendant interfered with the performance of official duties on the front of the Dong Sea, around 16:35, the Defendant was required to verify the resident registration number from a slope G, etc., a police officer belonging to the F District Unit of the Dong Police Station, which verified the Defendant’s driving without a license through a PDA inquiry about the Defendant’s driving vehicle.

Accordingly, the defendant said that he is the resident registration number of a Dong resident who is not his resident registration number, and the above slope G is not the defendant's resident registration number through fingerprint verification, and confirmed that the above slope G is not the defendant's resident registration number, and demanded the defendant to confirm the correct identity and load the vehicle. The defendant tried to leave the scene by leaving the vehicle with "I will leave the vehicle," and notified that the defendant is arrested as a current offender, while notifying that the slope G is arrested the defendant as a current offender, the defendant's defect, "I will move the vehicle and get the defendant out of the vehicle."

While intending to read “Cyp Ma”, she assaulted on three occasions the left chest of the slope G by drinking her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning traffic control of police officers and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. G statements;

1. The CD;

1. Application of Acts and subordinate statutes to investigation reports (detailed details of driving licenses);

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of public duties), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of fines for a crime;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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