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(영문) 춘천지방법원 원주지원 2013.10.15 2013고단458
도로교통법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not less than ten months and by a fine not exceeding 200,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On August 21, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. in the Chuncheon District Court's original branch on August 21, 2012 and completed the execution of the sentence in the Chuncheon prison on January 21, 2013.

1. The Defendant violated the Road Traffic Act at around 02:30 on June 25, 2013, the Defendant obstructed the traffic by repeating without permission the crossing on the road front of the viewing of a prime National Assembly member, which is located in the U.S. in the U.S. in the U.S.-ri-si, in a manner that makes it difficult for the Defendant to proceed with the vehicle.

2. On June 25, 2013, the Defendant: (a) 02:55, at the time and at the place prescribed in paragraph (1), and (b) sees the horses from C District D’s slope Does, which were called out of the road, and called “sprinking” to the above D; (b) d’s cellular phone Does on the hand of the defect in which the said D was able to return to the patrol lane in his/her place, and assaulted the said D’s bridge part.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports on confirmation of criminal records and relation), personal identification and confinement status, application of Acts and subordinate statutes related to the same kind of electric records;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), Article 157 subparagraph 4 of the Road Traffic Act and Article 68 (3) 2 of the Road Traffic Act (the point of prohibited acts on roads and the selection of fines);

1. Article 35 of the Criminal Act among repeated offenders (Crime of Obstruction of Performance of Official Duties)

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had the same criminal records at several times (limited to the crime of obstruction of performance of official duties, there are two times of punishment, one suspended sentence, one time of a suspended sentence, and two times of a fine), and that the defendant is again during the period of the same repeated crime that has passed five months

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