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(영문) 울산지방법원 2019.01.11 2018고단3177
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 3, 2018, the Defendant, at the underground parking lot of the building C in Ulsan-gu, Ulsan-gu, Seoul, in order to recognize that he was driven under the influence of alcohol on the roads located on the 5-lane 6, Ulsan-gu, Ulsan-gu, U.S., and continued to drive the Dozer on the roads located on the 5-lane 6, U.S., Ulsan-gu, U.S., 2018, after receiving a report on 112, “F(33 years old) affiliated with the E-gu, Ulsan-dong, U.S., E-K, Police Station E-gu, and called “F sprinking sprinkling sprinkling sprinkling sprinks”, the Defendant refused to drive the Dozer on the roads located on the 5-lane 6, U.S., Ulsan-gu, U.S., and then was arrested by the above 30-Ga 1, 2017.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the F F’s 112 Report Case and the crackdown on drunk driving, which is a police officer, and did not comply with the alcohol alcohol measurement of F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of H, I, J, and K;

1. Application of Acts and subordinate statutes of a traffic accident report, field map, actual condition survey report, accident-related photographs, inquiry into the results of the regulation of drunk driving, report on the state of drinking driving, notification of the results of the regulation of drunk driving, and written estimate;

1. Relevant legal provisions and the choice of punishment for the crime: Article 136 (1) of the Criminal Act; Article 148-2 (1) 2 of the Road Traffic Act; Articles 148-2 (2) and 44 (2) of the Road Traffic Act;

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

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