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(영문) 울산지방법원 2016.11.22 2016고단3344
공무집행방해등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 7, 2007, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day and KRW 2 million for the same crime at the same court on June 24, 2013.

At around 00:20 on September 12, 2016, the Defendant driven BK 2 km from the front of the Seocho-dong restaurant located in Yangsan-si to the front road located in Yangsan-si, Yangsan-si, to the front road located in Yangsan-si 108, Yang Sung-si.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated Article 44 (1) of the Road Traffic Act more than twice.

2. The Defendant was in the same day of the obstruction of performance of official duties, at around 01:20 on the same day, under the 112 report that he was driving at the same time, and was under the influence of alcohol at the request of a slope D, a police officer belonging to the Yangsan Police Station C commander of the Yangsan Police Station, who was dispatched to the scene after receiving 112 report.

In addition, as mentioned above, the Defendant scam a disturbance, such as scaming, cutting off, returning back to the vicinity, and scaminging, scaming, etc., and scaming off D’s chests into a hand, and scaming off D’s chests, and scambling it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement;

1. Reporting on the arrest of a case and investigation;

1. Report on the results of the drinking driving control, notification on the results of the drinking driving control, the circumstantial report on drinking drivers, and the ledger of measurement and use of drinking;

1. Registers of driver's licenses and mandatory insurance;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

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