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(영문) 서울중앙지방법원 2012.03.23 2011고정7237
공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant,

(a) On June 29, 201, at around 04:50, a person drives a DNA car from an infinite place to the parking lot in Gangnam-gu Seoul, Gangnam-gu, without obtaining a vehicle driving license;

B. At the entrance of the above temporary apartment, the apartment security guard E, F, and trial costs were punished, and assaulted by F, F’s buck. However, the police officer’s legitimate execution of duties concerning the suppression of and investigation into a police officer’s crime by assaulting H by assaulting the Defendant, stating, “Is to confirm the fact of drunk driving,” stating that H’s situation belonging to the G district unit of the Seoul Suwon Police Station, which called “Is the Defendant who was dispatched after receiving a report from E that “Is an apartment employee assaults an apartment employee,” and “Is the Defendant to check the fact of drunk driving,” and “Is the Defendant’s left hand, such as h’s chest’s chest’

C. On June 29, 201, from around 05:53 to 06:25 of the same day, the Plaintiff did not comply with the demand for a alcohol test from H without justifiable grounds, even though there are reasonable grounds to recognize that the Plaintiff was driving a motor vehicle while under the influence of alcohol, such as the Plaintiff’s act of driving under the influence of alcohol.

Summary of Evidence

1. Statement made by the police officer in relation to H;

1. Each statement prepared by the F and E;

1. Application of Acts and subordinate statutes to each of the reports on the statement of the situation of the driver, the detailed statement of 112 reported cases, and the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 148-2 subparagraph 2 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) and Article 44 (2) of the same Act concerning the crime, the choice of fines, respectively.

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

1. The reasons for sentencing in Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses are under the influence of alcohol without the driver’s license.

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