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(영문) 울산지방법원 2017.07.18 2017고단1050
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

1. Around 04:45 on March 30, 2017, the Defendant driven C rocketing car under the influence of alcohol content of about 0.174% from the 5km section of the blood alcohol content to the shore of Hyundai Motor Vehicle located in the Northern-dong, Ulsan-gu, U.S. Dengu, U.S., to the east of the Coastal Road located in the same city.

2. When the Defendant, at the date and time set forth in paragraph 1, was drinking by a slope E (46 tax) belonging to the Ulsan East Police Station D police box in the Ulsan Eastern Police Station, which was dispatched to the scene after receiving a report on driving under the influence of alcohol in front of the above coast on the date set forth in paragraph 1, the Defendant interfered with the performance of official duties, “d

“In order to escape,” the above E was arrested in the act of committing the crime and was arrested by the above E, etc., and the driver’s seat and the rear seat are walking to the back seat of the patrol vehicle No. 51, the driver’s seat and the rear seat, etc. were obstructed by the police officer’s legitimate performance of duties concerning the reporting processing of 112 report by the following reasons: (a) in order to prevent the Defendant, the part of the quota of the above E entered with the back seat of the patrol vehicle was walking once, and (b) in order to prevent the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Notification of the results of regulating the driving of drinking alcohol, a statement made under the circumstances of the driver of drinking alcohol, and a statement of reported case processing;

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

1. Relevant legal provisions concerning criminal facts and the driving of selective drinking of a sentence: The point of obstructing the performance of official duties of fine selection, under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, under Article 136 (1) of the Criminal Act, under Article 136 (1) of the Criminal Act, the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, but the lower limit of concurrent crimes shall be the punishment determined by the crime of violation of Road Traffic Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The amount of alcohol concentration during the sentencing of Article 334(1) of the Criminal Procedure Act, the degree of interference with the performance of official duties, the Defendant’s reflective and initial crime, etc. shall be taken into account.

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