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(영문) 광주지방법원 2015.05.19 2015고단476
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 23:40 on November 1, 2014, the Defendant was driving Chyp car with a blood alcohol concentration of about 0.107% from the 2km section from the Yannam Call Bus bus in the Donsan-dong, Gwangju Mine to the 101 subordinate parking lot in the same Dong.

2. On November 2, 2014, at around 00:10, the Defendant committed an assault, such as, in order to avoid the crackdown, the Defendant, at his hand, carried the fat of the above E’s chest in order to avoid the crackdown, when he was required to take a alcohol measurement by the circumstances belonging to the D District Unit of the Gwangju Mine Police Station D District, which was called for after driving alcohol and received a report at the lower parking lot of 101, the Haju apartment located in the Haju-dong of the Gwangju Mine-gu.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant had been punished for drunk driving at least four months prior to the instant crime, and that he/she again driven under the influence of alcohol, and that he/she exercised the assault against a police officer subject to the influence of alcohol control, the nature of the crime is bad.

However, the damaged police officers are not punished by the defendant, and the defendant has no record of punishment other than the above drinking driving record.

Accordingly, the defendant's age, character and behavior, environment, health conditions, and crime will be selected.

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