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(영문) 울산지방법원 2016.01.21 2015고단2917
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendant: (a) driven a siren car under the influence of alcohol with approximately 0.142% alcohol content from the 3km section of around 17:30 on October 24, 2015 to the entrance of the Seongbuk-gu Seongbuk-gu Multi-gu, Ulsan-gu, Ulsan-gu; (b) around 3km-gu, Ulsan-do; (c) the Defendant driven a siren car under the influence of alcohol.

2. 공무집행 방해 피고인은 제 1 항 기재와 같은 날 17:00 경 울산 중구 D에 있는 울산 중부 경찰서 E 지구대에서, 위 지구대 소속 경사 F로부터 음주 측정을 요구 받고 호흡을 내뱉는 시늉만 하여 위 F로부터 “ 음주 측정에 거부하면 현행범인 체포가 될 수 있다.

“Admoni, I am, I am, I am, I am, I am.”

Chewing guar, Chewing, sark

“In doing so, as the computer monitors on the books in the earth are located in the earth and threaten them, and from F, the “act may, if so, be arrested due to interference with the performance of official duties.”

“” at the time of the Defendant’s fault to hear the horses at the time of the said F’s end.

Accordingly, the defendant interfered with the legitimate execution of duties of F related to drinking measurement.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A report on investigation;

1. Application of the Acts and subordinate statutes concerning ctv course photographs and field photographs of traffic accidents within the E zone;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each crime;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is that it interferes with the execution of official duties by assaulting a police officer who drives alcohol and makes a measurement of drinking alcohol, and the nature of the crime is not good.

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