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(영문) 울산지방법원 2018.02.01 2017고단4189
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

1. On October 22, 2017, the Defendant was driven under the influence of alcohol, such as driving a BK5 vehicle while drinking alcohol on a so-called so-called “fash distance” located at the same ebbbbbb in the winter at the same time, and throw away from the first line of the road after receiving a report of 112 on the wind, and driving under the influence of alcohol, such as a slope D or E belonging to a police box of the Yangsan Police Station C police station, who was dispatched to the police station after receiving a report of 112 on the wind of the road.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant is not aware of “.”

The police officer did not comply with a police officer's request for alcohol testing without any justifiable reason by avoiding his/her inside of the Republic of Korea, such as why he/she would be why he/she see.

2. When the Defendant received 112 reports to the effect that the Defendant set up and set up a vehicle on the road at the same time and place as above and received a request for the measurement of drinking water from the assistant D belonging to the Yangsan Police Station C police box called up, the Defendant was forced to take a alcohol test from the police box belonging to the said police box.

C. Shee shall not be the distance of Korean food.

‘Along with the public bath of ‘Neman', ‘Neng D' and E were tightly pushed back to drinking and drinking to the police.

Accordingly, the Defendant assaulted the police officers in charge of performing their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (the details of the detection of drinking alcohol measurement, etc.);

1. Report on the circumstances of the driver's license in driving and the ledger of the driver's license measuring instruments used;

1. Application of the Acts and subordinate statutes governing photographs, criminal records, video CDs at the time of control;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense (a point of obstructing the performance of official duties), Article 148-2 subparagraph 2 of the Road Traffic Act, and Article 44 (2) of the same Act (a point of refusing the measurement of drinking);

1. Article 40 and Article 50 of the Criminal Act;

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. Reduction of a small amount;

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