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(영문) 울산지방법원 2019.05.07 2018고단3388
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On October 22:15, 2018, the Defendant driven a D QM3 car while under the influence of alcohol level of about 8.5 km from the front of the plenary distance of pak trees located in Ulsan-gu, Ulsan-gu to the front road of the Ulsan-gun B’s “C cafeteria” located in Ulsan-gun, Ulsan-gu, Seoul-do.

2. On October 2, 2018, the Defendant: (a) discovered to the police officer of the Ulsan-gu Police Station E (a police box) police box sent out after receiving a report on a drunk driving accident on the front of the above “C cafeteria” on October 22, 2018; and (b) discovered the police officer of the Ulsan Police Station E (a police box) to take a alcohol test

At that time, the police officer asked the reason why the drinking driving was carried out, "the person who loved to drive the vehicle", and tried to use the police officer in the place of detention.

Accordingly, upon the police officer's removal, the police officer called "Seak Mana", and the chest part of the chest part of the police officer was tightly pushed down twice by hand, and the chin of the police officer was turned down once with the hand floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

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

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the following: (a) the nature and circumstance of the crime is not good in light of the method and attitude of the crime; (b) the degree of blood alcohol concentration at the time of the crime; and (c) the police officer assigned to the site after receiving a report in 112 and controlling drinking driving at the time.

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