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(영문) 서울남부지방법원 2017.05.25 2016고단5563
특수공무집행방해등
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 August 28, 2016, at around 11:20, the Defendant obstructed the performance of special official duties, the Defendant, while driving DCA 110 Oba on the front of the C pharmacy located in Guro-gu Seoul Metropolitan Government, demanded a stop by the slope E belonging to the Seoul Police Station, which is in charge of traffic laws and regulations, due to the violation of the prohibition against left-hand turn, it is difficult for the Defendant to control without a driver’s license, and even proceeding without putting the above Obaba on the rear part of the above Oba, which is a dangerous object, and continued without putting the above Obaba.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate performance of public duties by police officers on traffic control.

2. Around 11:20 on August 28, 2016, the Defendant driven DCA 1110 Obaba, without obtaining a motor device license, from the front of the Main 21-ro 27-lane, Guro-gu Seoul, Guro-gu, Seoul, to the front of the C pharmacy located in Guro-gu, Seoul to the front of the C pharmacy located in Guro-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of statutes that inquire about administrative disposition of driver's license;

1. Article 144 (1), Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of fines) concerning the facts constituting an offense, Article 144 (1), Article 154 (2), and Article 43 of the Road Traffic Act (the point of granting a license for the driver without the motor device, the selection of fines);

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s depth in relation to the instant crime. It is so decided as per Disposition for the above reasons.

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