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A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
At around 23:10 on September 26, 2020, the Defendant was under influence at the lower seat of the vehicle owned by the Defendant, while under the influence of alcohol at the parking lot for the Seocho Police Station C police box located in Seopo-si B, Seopopo-si, 2020. Accordingly, the Defendant: (a) took a bath at one time to ask the police officer D (39 years old) who belongs to the above police box for personal matters to return home to the Defendant; (b) took off the vehicle on one occasion; and (c) obstructed the police officer’s lawful performance of duties concerning the maintenance of public order by assaulting D with D on one occasion.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the second-time suspect examination protocol against the accused in the police preparation;
1. Statement in the statement protocol with D prepared by the police;
1. Entry of the E-document;
1. Statement of a police investigation report (CCTV image data analysis); and
1. Application of each of the video laws and subordinate statutes to a photograph (C police box) pertaining to interference with the performance of official duties on September 26, 2020
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of the applicable sentences under the law 【The sentence of punishment of 50,00 won or 10 million won” 【The sentence of 3 million won or more: the defendant has the record of being issued a summary order of 300,000 won or more as a crime of assault by the Seoul Northern District Court on April 2, 2008; violence against police officers is deemed to be an unjustifiable tool against the State public authority; the defendant directly exercises the physical force of the victimized police officer; the defendant has exercised the physical force directly by the damaged police officer; the defendant has not been used by the damaged police officer; the defendant appears to have recognized his mistake and divided; the defendant appears to have committed the instant crime under the influence of alcohol; and the degree of damage caused by the instant crime.