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(영문) 창원지방법원 통영지원 2019.10.29 2019고단953
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On August 18, 2019, the Defendant was driving a “K9” vehicle under the influence of alcohol with approximately 0.085% alcohol concentration from approximately 100 meters to the front parking lot of the Dogdong-gu, Dogdong-dong, Dong-dong, Dong-si, Dong-dong, Dong-si, Dong-si, Dong-si, Dong-dong, Dong-si, Dong-si, Dong-dong, Dong-si, Dong-dong, Dong-si, Dong-dong, Dong-si, Dong-si.

On August 18, 2019, the Defendant 23:30 on August 18, 2019, while driving under the influence of alcohol as set forth in the preceding paragraph, the Defendant: (a) while driving under the influence of alcohol to the chief of the police box at the police box at the Saby Police Station C; (b) and (c) when the police sabbling, the Defendant complained of the complaint; and (d) “this police sabblings, sably, and sably, sabling the victim D’s chest with his chest two times, and assaulted the victim D’s chest at the same time.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;

1. Application of four Acts and subordinate statutes to a visual closure photograph;

1. Relevant Article of the Criminal Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of fines for the crime;

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

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 the defendant was sentenced to 20 years of imprisonment with prison labor for murder, etc. by the Busan High Court on September 22, 1997, and on January 24, 2017, the crime of this case was committed during the repeated crime period without being aware of the completion of the execution of the sentence. However, the above criminal records and the crime of this case are considerably different from the type, and the defendant has no record of being punished for driving under the influence of alcohol or obstruction of performance of official duties until now.

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