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(영문) 울산지방법원 2018.03.15 2017고단4574

공무집행방해등

Text

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

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

Reasons

Criminal facts

1. On October 24, 2017, the Defendant violated the Road Traffic Act (divated driving) driven a B-ro cruise passenger car under the influence of alcohol of approximately 0.181% alcohol concentration from the 3km of approximately 0.181% to the distance of the area located in the area located in Ulsan-gu, Ulsan-do, 432-11 on the same day from the 24th of the same day from the Do in the middle-gu, Ulsan-gu, Ulsan-do, 2017, the Defendant driven a B-ro cruise passenger car under the influence of alcohol content of around 21:0.

2. On October 24, 2017, the Defendant: (a) was arrested at the above place as the current criminal committing a violation of the Road Traffic Act (drinking) at the above location; and (b) was on board the front seat of the police station in Ulsan-do, the patrol vehicle No. 21; and (c) went to the said police station.

From the back seat of the patrol vehicle located outside Ulsan-gu, Ulsan-gu, Seoul-do on the same day, the Defendant arrested himself/herself, and on the ground that he/she arrested himself/herself, the Defendant: (a) opened only door-to-door, and shots, and shots and shots.

“To perform the bath,” and assaulted the head of the above C by putting the hand with the protective wall of the patrol vehicle in the way of shaking it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of the crackdown on driving alcohol, the 112 report processing slip, the comprehensive details of vehicles, and photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant criminal facts: Article 136(1) of the Criminal Act; Article 148-2(2)2 of the Road Traffic Act; Article 44(1) of the Road Traffic Act (i.e., imposing a penalty; and (ii) a strict punishment in light of the Defendant’s drinking volume at the time, risk of danger, etc.; however, the Defendant reflects each of the of the of the of the crimes; and (iii) the fact that the Defendant has no record of crime for the last 15 years, etc.);

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;