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(영문) 울산지방법원 2018.10.12 2018고단1969
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On May 28, 2018, while driving a B B B B truck, the Defendant caused a traffic accident involving street lights and street trees on the front of the C C C C C C C’s factory, and upon receipt of a report 112, the Defendant refused to disclose the personal information between the police officer F (32 tax) who was called out after receiving a request for personal information for dealing with the traffic accident and around 30 minutes on the following day when the said F was able to take a bath to the said F, and continued to sit on the driver’s seat at around 00:10 on the following day when the said F was able to ask the Defendant about his/her personal information, thereby hindering the police officer’s legitimate performance of duties regarding the handling of the traffic accident.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act of the Protection and Observation Order [the scope of the recommended sentence] : (a) there is no person [the person subject to special sentencing] in the basic area (6 months to 1 year and 6 months) (the person subject to special sentencing] [the sentence] ; (b) there is a significant degree of interference with the performance of official duties by assaulting the police officer in charge of his personal information caused by an accident ; and (c) the defendant was punished 6 times as a crime of violating the Traffic Act (unlicensed Driving) before the instant case; and (d) even before the instant case, driving without a license [the case] without a license (the case was not prosecuted as a crime of violating the Traffic Act (unlicensed Driving without a license)]; (d) the defendant refused to disclose his personal information to avoid punishment due to driving without a license; and (e) the motive for the instant crime was determined to have led to the instant crime; and (e) the defendant has committed a crime of violating the Traffic Act (Act No. Serving Traffic) and Driving Motor Vehicle).

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