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(영문) 수원지방법원 성남지원 2015.07.22 2015고단476
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 13, 2015, at around 01:30, the Defendant, at the restaurant parking lot “C” located in Seongbuk-gu, Sungnam-si, Sungnam-si, had a dispute with the manager of the said parking lot, and the Defendant’s daily operation D driven a e-car while drinking, and moved to a nearby road.

Since then, around 02:20 on February 13, 2015, the Defendant was driving a vehicle near the down tower located in Sungnam-si, Seonam-si, with the above D, while boarding the above D, the Defendant: (a) was a police officer belonging to the Sungnam Police Station G District of the Sungnam Police Station G District, which was called after receiving a report of a drunk driving; (b) was defective for the Defendant to take a drinking test against the above D; and (c) the Defendant obstructed the Defendant’s body by the Defendant’s “Irt, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f., f., f., f., f., the Defendant’s body.

Accordingly, the defendant openly insultingd the victim, and interfered with the police officers' legitimate execution of their duties concerning the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to H, I and J;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Performance of Official Duties and Selection of Fines) for the ordinary concurrences and the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there was no criminal record other than the punishment of a fine of 1 million won due to a violation of the Punishment of Violences, etc. Act prior to 15 years prior to the sentencing of the provisional payment order, and the fact that the crime is seriously against the defendant, and the victim police officers also want the defendant's wife.

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