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(영문) 울산지방법원 2017.11.10 2017고단3504

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

1. On August 23, 2017, the Defendant obstructed the performance of official duties: (a) while driving alcohol while drinking on the road in the south-gu, Ulsan-gu; (b) was found to have alcohol ingredients by a drinking reductionr; and (c) the Defendant was required to take a alcohol test from police officers, such as the slope D, belonging to the Ulsan Southern Police Station C department of the Ulsan-gu Police Station C where drinking is controlled at that place.

Therefore, while the Defendant was aboard a police vehicle parked in the vicinity of the place, he was required to take a drinking test several times from the above slope D, and the Defendant was able to smoke in the vehicle with an indication of the dissatisfaction, and the Defendant was sprinking the face of the above slope D on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crackdown on drinking driving of the above slope D.

2. Violation of the Traffic Act (Refusal of measurement of drinking), while driving an E QM5 vehicle in a state suspected of drinking alcohol at the time and place specified in paragraph (1), the Defendant was driving under the influence of alcohol, such as the alcohol verification by the drinking reduction machine and the breath of drinking in a state of drinking, while driving the vehicle under the influence of alcohol.

Since there are reasonable grounds to determine a person, it was demanded from a slope D to respond to the measurement of drinking alcohol by inserting approximately 40 minutes of the drinking measuring instrument over the above 40 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입금을 제대로 불어넣지 아니하고 시늉만 하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of the crackdown on the driving of drinking alcohol, the ledger for measuring instruments using drinking alcohol (a copy), the statement report and investigation report on the situation of the driver of drinking alcohol, the confirmation of consent to blood collection, investigation report, internal investigation report, and the application of the statutes governing

1. Article 136 (1) of the Criminal Act and the point of obstructing the performance of official duties in the choice of punishment for the crime: the choice of a fine;