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(영문) 울산지방법원 2016.05.10 2016고단708
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 March 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the CK7 vehicle without a driver’s license for a vehicle with a section of about 1 km from the front of the Gamdong-dong National Apartment in Ulsan-gu, Chungcheongnam-gu to the same prosperity distance.

2. The Defendant interfered with the performance of official duties on the 16:55 on the same day as paragraph 1, at the 85 street in Ulsan-gu, Ulsan-gu, Ulsan-gu, the Defendant shall take over the said vehicle by the police officer D belonging to the patrol unit of the police station located in Ulsan-gu, Busan-do, the Police Station at the Police Station at the Police Station at the same time as above.

“Along with the speech, “” has interfered with the legitimate performance of duties by police officers concerning the duty to regulate driving without a license, such as putting D a bath that is difficult to put D in his/her entrance, and failing to put D’s neck by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of obstructing the performance of official duties) and Article 136 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum term of two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture [the scope of the recommended sentence] There is no person [the person who has been subject to a special sentencing] in the basic area (6 months to 1 year and 4 months) of the first type (the obstruction of the performance of official duties and the coercion of official duties) [the sentence] [the defendant has been punished for driving multiple times, but the defendant has no record of force in the case of interference with the performance of official duties, and there is no record of force in the case of interference with the performance of official duties, the defendant supports two children, and other conditions of sentencing such as the defendant's age, sexual behavior, environment, etc.

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