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(영문) 울산지방법원 2014.12.30 2014고단3219

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 10:20 on July 16, 2014, the Defendant driven a vehicle B TXG under the influence of alcohol concentration of about 0.156% from the 50-meter radius to the front road, “The 5-si, Seog-dong, Seog-gu, Ulsan-gu, Seoul-gu, Seoul-do, “The front road located on the road at the 873-12th of the same month, Dong-dong.”

2. 공무집행방해 피고인은 제1항 기재와 같은 일시, 장소에서 음주운전이 의심된다는 112신고를 받고 출동한 C지구대 경사 D가 피고인에게 “선생님 음주운전을 하셨죠.”라고 말을 하고 음주감지기로 측정을 하려 하자 “그래 개새끼야.”, “지구대 가서 측정하자.”고 말을 하여 피고인을 C지구대에 동행하게 되었다.

Accordingly, the Defendant was accompanied by the C District to take a drinking test, and the blood alcohol content 0.156% revocation level was 0.156% breath, and the Defendant was threatened in C District District by threatening that “I would like to see whether I would have driven a drinking test at home. I would like to see that I would see that I would be able to do so. I would like to see that I would like to see that I would like to see. I would like to see that I would like to see. I would like to see that I would like to see that I would like to make a false drinking, and that I would like to see that I would like to do so. I would like to see that I would like to do so, I would interfere with the legitimate performance of official duties of the above police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.