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(영문) 수원지방법원 안양지원 2014.04.25 2014고단278
공무집행방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 22:10 on January 27, 2014, the Defendant driven a B K5 vehicle while under the influence of alcohol of about 0.112% in a section of approximately 300 meters from the road in front of the mutual influence in the one-way Dong-dong, Jindo-si to the front day of the same Mando-dong.

2. On January 27, 2014, the Defendant: (a) was found to have driven a drinking road in front of the Hando-dong Mana-dong Mana-dong on the front of the Mana-dong Mana-dong; and (b) attempted to take a drinking test after having the police officer affiliated with the police box of the Kuna-gu Police Station called the Defendant move the Defendant to a safe place; (c) but (d) had the police officer assigned to the police box of the Mana-gu Police Station called the Defendant to take a drinking test; (d) he refused to take a drinking test; (e) had the fribbbb, flad by hand, boomed twice; and (e) had the right-hand hand, kne, kne, knene, etc. of the said D interfered with the police officer’s legitimate performance of duties concerning the regulation of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G preparation;

1. Report on the state of drinking drivers and notification of the results of the control of drinking driving;

1. Application of the Acts and subordinate statutes to photograph police officers;

1. Relevant Article 136 (1) of the Criminal Act for the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act for the crime;

1. Selection of each alternative fine for punishment (in depth, it is against the law, there is no past record of punishment since 2003, and there is no past record of the same crime in relation to obstruction of performance of official duties, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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