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(영문) 수원지방법원 2014.05.21 2014고정412
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 15, 2013, the Defendant of the obstruction of performance of official duties: (a) while driving a wing and cargo vehicle while drinking alcohol at the front of the entrance of the gym-spath of the ancient-spath in the ancient-spath of the ancient-spath of the ancient-spath of the city of 18:30 on November 15, 2013, the Defendant: (b) brought an accident into contact with pedestrians; (c) around that time, after receiving the 112 report at the said place, sent the police officer to the police station of the Sungsung Seo-gu Police Station: (d) Ha, who was called the “Isk to have been changed to the police officer, was unable to drive; (d) Hask the eth of the path of the E and was arrested as a flagrant offender of the crime of the obstruction of official duties; and (d) obstructed the police officer’s legitimate execution of duties concerning the suppression of and arrest of flagrant offenders by drinking.

2. On November 15, 2013, the Defendant refused to take a drinking test, within a police box located in F in Sungsung City F on November 15, 2013, and from a slope G belonging to the Fireproof Police Station, the Defendant 1-A.

There are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as smelling, snacking red on the face, and making it possible for him/her to comply with a drinking test by inserting the whole in a drinking measuring instrument three times at around 19:12, 19:25, and 19:38 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A H statement;

1. Application of Acts and subordinate statutes to the report on detection of a drinking driver, the circumstantial report on a drinking driver, and the ledger of usage of a drinking measuring instrument;

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

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. The order of provisional payment;

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