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(영문) 춘천지방법원 원주지원 2018.03.08 2017고단1110
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 22, 2017, the Defendant, while under the influence of alcohol at around 07:50, the Defendant driven a Clearning car at the section of approximately 300 meters from the day before the 1557th day of the Sinung-si in the Sinung-si market, under the influence of alcohol at around 0.051%.

2. On July 22, 2017, the Defendant: (a) discovered a vehicle while driving alcohol on the road above on the road; (b) escaped from the vehicle while driving alcohol; (c) was demanded to take a drinking test from E by a police officer belonging to the D District Police Station in the Gyeonggi-gu Gyeonggi Police Station, which led to the Defendant; (d) while refusing to take a drinking test, the Defendant abused the said police officer’s hand by putting him/her on his/her hand on his/her hand; and (c) obstructed the police officer’s duty relating to the crackdown on drinking and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of crackdown on driving at home, and output of the results of drinking;

1. The application of Acts and subordinate statutes to the investigation report (timely 21);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, Article 136(1) of the Criminal Act, the selection of fines (in the case of a crime involving driving under drinking, the drinking value is not high, in the case of a crime involving interference with the performance of official duties, the degree of assault is minor, in the case of a crime obstructing the performance of official duties, and deposit KRW 50,00 for the main police officer to whom the damage was inflicted, and in the case of each crime in the judgment, the circumstances such as having no record of criminal punishment, etc. shall be considered);

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 Article 69(2) of the Criminal Act to attract a workhouse;

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