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(영문) 춘천지방법원 2014.10.30 2014고단824
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant: (a) around 01:45, at the 101-dong, Sincheon-si Master’s Complex, the Defendant: (b) reported the same F (a slope belonging to the E District Unit of the Chuncheon Police Station) as that where the Defendant was driving a Mat Motor Vehicle, which was owned by the Defendant, and tried to leave the road on the side after driving the vehicle on the side.

Accordingly, as the above D and F prevented the defendant and demanded a drinking measurement, they carried their arms and carried their body in a single-speak and carried their arms in a single-speak and pushed the F's body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

2. The Defendant violated the Road Traffic Act (refluence of the measurement) at the time, time, place, as mentioned in Paragraph (1) above, arrested a flagrant offender who obstructed the police officer’s performance of official duties, and escorted him to the E district of the Chuncheon Police Station, and there are reasonable grounds for the Defendant to drive a drinking immediately before the arrest, such as the Defendant’s entrance with a large amount of drinking water and booming snow, and so on, he demanded that the above D take a alcohol test four times from E zone to 02:26 to 02:56, but the Defendant refused to comply with the measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A copy of the usage register of drunks;

1. Application of statutes on the photograph of the case

1. Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are criminal records of the defendant, but they are only victims.

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