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(영문) 울산지방법원 2016.07.07 2016고단1618
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 29, 2016, the Defendant violated the Road Traffic Act (drinking) driving at around 05:35 on May 29, 2016, the Defendant driven 110 otobane in the state of alcohol alcohol content of about 0.149% in the section from the Mourur road where it is impossible to identify the trade name located in Ulsan Nam-gu to the end of the D shop located in the same Gu C to the road located in the same Gu C.

2. The Defendant, at the above time and place, demanded a alcohol measurement on the grounds that he was suspected of driving under the influence of alcohol, such as smelling from G around the F District of the F District in the Ulsan Southern Police Station, at the above time and place. However, the Defendant refused to comply with this request and took a large amount of sound, flabing the breath of the said G, and she flabeded the Defendant with the Defendant’s hnish, and she flabeded the Defendant’s h with the Defendant’s hnish, and humbed

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to notify the detailed statement of the driver under driving and the results of crackdown on drinking;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) 1 of the Act on the Suspension of Execution (Article 62 (1) 2 of the Motor Vehicle Driving in the State of Obbane without any history of criminal punishment for driving in the previous time, the degree of intimidation in the case of interference with the performance of official duties is not less

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