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(영문) 울산지방법원 2017.02.02 2016고단3876
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 September 13, 2016, the Defendant: (a) driven a DNA SM5 car under the influence of alcohol content of 0.187% in the direction of “C” in the vicinity of the C, located in the Ulsan-dong defense Dong-dong, Ulsan-gu, U.S., under the influence of alcohol leveling to approximately 1km.

2. On September 13, 2016, the Defendant obstructed the performance of official duties, upon receiving a report from a person who had tested to drive alcohol at the above “C” parking lot on September 23:10, 2016, and received a request for a drinking test from a slopeF belonging to the Dong-dong Police Station Ear, Ulsan-gu, the Dong-dong Police Station Earb, the Defendant called “I am within the Republic of Korea” and “I am out of Korea” together with a severe bath.

The G interfered with the legitimate execution of duties of the G concerning the handling of the 112 Report Report and the measurement of drinking while walking her her m or her her m in a lutro twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of the driver in charge, inquiries about the points of the violation, and notifications of the results of crackdown on driving alcohol;

1. The driver's license ledger and the driver's license ledger;

1. 112 Search for the 112 reported case handling table and guidance path;

1. Each investigation report and the application of Acts and subordinate statutes;

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. 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 Act [the scope of recommended punishment] There is no person who has no basic area (from June to January to April) (the person who has been subject to special sentencing] [the decision of sentencing] [the defendant has no other power than the fine imposed on two occasions, and supports two children, etc.

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