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(영문) 서울북부지방법원 2017.03.23 2017고단53
공무집행방해등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on December 19, 2016 at the C convenience store located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around December 23:30, 2016, while the Defendant was in the front of the C convenience store in Seoul Special Metropolitan City, Nowon-gu, and was in the front and rear of a vehicle with a light of the D Trate in the influence of alcohol, and is driving the vehicle in the front and rear.

“I have been driving from the Seoul Nowon Police Station E District in the 112 Report to the extent of “I have been driving from the F, and G to the point of time.”

"" was asked to ask questions, while taking a bath, pushed the chest of the above G into the hand floor, and was marked by the above F's left buckbucks to restrain it.

Accordingly, the Defendant violated the police officer's legitimate performance of official duties on the handling of 112 reported cases.

2. On December 20, 201, the Defendant: (a) in violation of the Road Traffic Act (refluence of alcohol measurement); (b) in the front of the above C convenience store on December 20, 201; (c) in the Defendant’s entrance from police officers I belonging to the Seoul Nowon Police Station H of the Seoul Nowon Police Station; and (d) in the face color, the Defendant driven a drinking.

If there are reasonable grounds to determine a person, he/she has refused to comply with a police officer's request for a measurement of drinking on three occasions, thereby failing to comply with such request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes governing the handling of reported cases, such as a statement of the situation of a driver who takes the drinking, the measurement status, and the report;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing the measurement of drinking alcohol);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest shall be governed by the punishment stipulated in the crimes of violation of Road Traffic Act (Refusal of measurement of drinking);

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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