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(영문) 서울서부지방법원 2017.08.31 2017고단1799
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. No person who violates the traffic laws on roads shall carry a stick on roads under the influence of alcohol, or sit, sit or standing on a road in a manner likely to obstruct the traffic;

Nevertheless, around 19:40 on March 19, 2017, the Defendant: (a) was under the influence of alcohol on the roads near Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) obstructed 15-20 minutes of a vehicle driving along the road without any reason.

2. The Defendant obstructed the performance of official duties at the date, time, and place of Paragraph 1, and at the place, who received a 112 report and received an identification card by a slope D belonging to the Seoul Western Police Station C District Police Station, Seodaemun-gu Seoul, Seoul, and demanded the above D to “a request to present an identification card to verify whether a police officer is a police officer,” and then the above D sent the Defendant with a public official identification card by hand, and carried out the above public official identification card on his hand to the Defendant.

Then, the above public official's identification card was put in and Chewing.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

3. The Defendant damaged the property by inserting the public official identification card owned by the victim D at the time, time, and place of Paragraph 2, and making it impossible to restore the original state due to Chewing damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 157 subparagraph 4 of the Act, Article 157 subparagraph 2 of the Road Traffic Act and Article 68 (3) 2 of the same Act (the fact of violating the prohibition on roads, the selection of fines), Article 136 (1) of the Criminal Act (the fact of obstructing the performance of public duties, the selection of imprisonment, and the selection of punishment), and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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