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(영문) 울산지방법원 2017.02.08 2016고단4646

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2016, the Defendant: (a) driven a Bsch Rexton car under the influence of alcohol content of 0.112% in alcohol while under the influence of 0.12% in alcohol among blood, on the same day from the Do in front of the mouth Haak-gu, Ulsan-gun, Ulsan-gun, Ulsan-do, the 21:20 on the same day; and (b) from the Do in front of the mouth Haak-gu, U.S., Ulsan-gun, the 51 on the same day from the Do in front of the mouth Haak-gu, U.S., Ulsan-gun, the 21:20 on the same day from the Do in front of the river mouth Haak-do

2. The Defendant interfered with the performance of official duties at the above time, and at the same place, assaulted the face of the said D one time by drinking, while putting the slope D belonging to the police box C of the Ulsan-gu Police Station C, which was a police officer who discovered drinking at the same time and at the same place, and she took a large voice to E.

Accordingly, the defendant interfered with the legitimate execution of duties related to the above D's criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of driving at home;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense; Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not less than the liability for the crime, considering the legal interests infringed, but considering various circumstances, such as time interval with the same criminal record, details of

1. The community service order under Article 62-2 of the Criminal Act;