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(영문) 울산지방법원 2018.05.01 2018고단688

도로교통법위반(음주운전)등

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

Criminal facts

1. On January 12, 2018, the Defendant, in violation of the Road Traffic Act (drinking), driven a car in B B in the state of under the influence of alcohol content of about 0.227% at the 3km section from the front side of a movable pharmacy located in Seo-dong, Ulsan-gu, Ulsan-gu to the front side of the same Dong-dong until around 101 the modern fashion-fluor apartment 101.

2. On January 12, 2018, the Defendant interfered with the performance of official duties at the Ulsan-dong Police Station C Team office of the Ulsan-dong Police Station located in Ulsan-dong, Ulsan-dong, Ulsan-dong, and obstructed the performance of duties by police officers in relation to the maintenance of order and investigation of suspects by assaulting the Defendant’s face part of the slopeD belonging to the above police station, where the Defendant was placed in the atmosphere to undergo an investigation into traffic accidents that have occurred while driving alcohol, and by taking a bath to “h, h, h, and h, h. to drive,” and neglecting the Defendant’s performance of duties by taking advantage of the Defendant’s h.e., taking one time the head of the vehicle in charge of the traffic accident, and assaulting the owner of the vehicle in charge of the traffic accident by taking one-time face part of the Defendant’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. E statements;

1. Application of the Acts and subordinate statutes governing the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report, a field photograph, a statement report on the circumstances of the driver in charge;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 2 of the Judgment)

1. Selection of a selective fine for punishment (including reflectivity, the record of punishment for drinking driving, and the fact that there has been no criminal history for the last seven years);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;