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(영문) 울산지방법원 2017.08.31 2017고단2360

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 8, 2017, the Defendant interfered with the performance of special official duties, at around 20:55, the Defendant: (a) discovered that the Defendant driven D 155cc NMAX 2 without wearing human life protection equipment on the frontway C in Ulsan-gu, Ulsan-gu; (b) demanded the Defendant to stop from F to regulate the traffic of the police officer, using the Oba, a dangerous object, using the Oba, for the method of departing from the Oba-gu E-line of the police station in Ulsan-gu, the Defendant interfered with the legitimate performance of duties concerning the police officer’s traffic control by starting the Oba-gu x x x x x.

2. The defendant, who violated the Road Traffic Act (Refusal of measurement of drinking), is under the influence of alcohol by breathing the defendant's escape immediately while the defendant runs away at the time and place specified in paragraph (1) above, and breathly, with a large amount of smelling and smelling.

There are reasonable grounds to determine the figures, such figures were required to be measured four times at intervals of five minutes at intervals of 21:16 Gyeong, 21:21 , 21:26 , 21:21 , and 21:31 , and 21:31 .

Nevertheless, the Defendant did not comply with a police officer’s drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the circumstances of the driver in charge and application of photographic Acts and subordinate statutes;

1. Article 144(1) and Article 136(1) of the Criminal Act applicable to the facts constituting an offense; Article 148-2(1)2 and Article 44(2) of the Road Traffic Act (the choice of imprisonment with labor);

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. In light of Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity and Article 55(1)3 of the same Act [limited to sentencing], which have already been punished two times or more as suspension of execution, as well as the fact that there are considerable number of criminal records of the same kind of violence or a considerable number of criminal records of the violation of road traffic law, and the risk of criminal acts committed in the crime of obstructing the performance of special official duties or interference with the execution of public duties with which the crime of refusing to take