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(영문) 울산지방법원 2019.02.22 2018고단2742
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

around 02:29 on September 14, 2018, the Defendant stated that “A under the influence of alcohol” was “C” at the front parking lot located in Ulsan-gu, Ulsan-gu, Seoul-do, “C,” and that “A police officers belonging to the Seoul-nam Police Station D Zone D District of the Ulsan-nam Police Station called “F,” who were waiting for the cab to sleep the Defendant’s diving, and that F was under the influence of the said E without any specific reason while he was waiting for the cab to sleep the Defendant’s diving, and she displayed the drinking, she mixs the drinking, and she was under the influence of the said E at one time on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the protection of life, body, and property of the people.

On March 28, 2011, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Jeonju District Court’s Gunsan Branch on March 28, 201, and a summary order of KRW 7 million for the same crime at the Ulsan District Court on October 8, 2013, respectively.

【Criminal Facts】

On July 26, 2018, at around 05:40, the Defendant driven a GN-si car at approximately 150 meters away from the road near the shipping station located in Busan High-gu Do, Busan, to the Dok-si located in the same Dong, while under the influence of alcohol level of about 0.193%.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

[2018 Highest 2742]

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each investigation report (the sequence 11, 15, 17 of the evidence list);

1. 112Report settlement statement;

1. A photograph of the closure of the dynamic image of a mobile phone (2018 high-level 3169);

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same criminal records), and copies of each summary order applicable;

1. Criminal facts;

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