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(영문) 울산지방법원 2019.05.02 2019고단507
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. Around 20:30 on January 15, 2019, the Defendant driven a white car with a maximum of about 1km level from the road front of the franchisium in Ulsan-gu, Ulsan-si to the road front of the 21:00 on the same day, while under the influence of alcohol level of about 0.181% from the section of about 1km to the road front of the Ulsan-gu, Ulsan-si, Ulsan-si.

2. On January 15, 2019, the Defendant: (a) took a bath at the Ulsan Central Police Station E (U.S.) Police Station located in Ulsan-si, Ulsan-si; (b) was asked by the police officer F of the above police box to ask questions about personal information and the circumstances of drinking and alcohol driving in relation to the case described in paragraph (1) from the police officer F of the above police box; and (c) took a bath to the above F; and (d) took a hand at one time, the Defendant took a part of the above F F’s timber.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. Article 136 (1) of the Criminal Act applicable to the facts constituting the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (each choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is that a person who provides community service or attend lectures is driving under drinking again even though he/she had a record of punishment for drinking driving.

When the crime was committed, it is not good that it used violence against police officers, while it is not good that it is divided in depth after the crime, while the purport of the crime is expressed to damaged landscape, and other conditions of sentencing as stated in the records, such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., shall be determined by taking into account the following factors: the execution thereof shall be suspended, and community service and order to attend lecture shall be issued.

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