beta
(영문) 울산지방법원 2019.03.22 2018고단3784

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 1, 2018, the Defendant was seated at BMW passenger car driver’s seat on the northwest-ro, Ulsan-gu, Chungcheongnam-gu, Seoul Metropolitan Office of Education in front of the Office of Education located at BMW car, around 23:48.

At this time, the police officers belonging to the Ulsan Central Police Station C District Police Station D(47 years of age) and the 112 report that the slope E is suspected of drinking, and the defendant was called to the place and requested to respond to the measurement of drinking so as to the defendant.

The Defendant refused to take a drinking-free measurement by refusing to take a drinking-free so that he did not drink, and requested the measurement of the re-free drinking area for the foregoing D to “I opened the driver’s seat and opened the driver’s seat from the car to the car, and made one time the above D’s left buck with the car’s own hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. Violation of the Road Traffic Act (Refusal of a drinking measurement) requires that the Defendant comply with the drinking measurement by inserting the drinking measuring machine four times in total in four times in the same day, by obstructing the police officer’s performance of his duties as described in the above paragraph (1) and having been arrested as a flagrant offender in F in Ulsan-gu, Ulsan-gu, and having arrived at the C District. Since there are reasonable grounds to recognize the Defendant to have driven a motor vehicle under the influence of alcohol, the Defendant, a police officer belonging to C District of the Ulsan-gu Police Station C District, on December 2, 2018, who is a police officer belonging to the Ulsan-gu, Ulsan-gu, Police Station C District, and the same day, around 0:29, around 00:34, 00:39 on the same day, and on the same day, he did not comply with the demand of a police officer for a drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. 112Report settlement statement;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act, Article 44(2) of the Road Traffic Act, and Article 136(1) of the same Act, the choice of imprisonment with labor, respectively.