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(영문) 울산지방법원 2015.08.27 2015고단1245
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

Punishment of the crime

1. 공무집행방해 피고인은 2015. 6. 5. 03:27경 울산 북구 천곡남로 38 쌍용아진4차아파트 411동 앞 노상에서 피고인의 C 아반떼 승용차를 다른 차량들이 통행할 수 없도록 아파트 진입로에 주차하고 전조등과 시동을 켠 상태로 운전석에 앉아 잠이 들어 발로 운전대 크락션을 눌러 주변을 시끄럽게 하였다.

Accordingly, the police officer of the Ulsan Central Police Station, who was called to the scene with the report of 112 by residents, tried to conduct the reaction test on the ground that E, a police officer of the Ulsan Central Police Station, is suspected to drive alcohol by drinking alcohol, such as snicking the Defendant, drinking alcohol, snowing, etc., and trying to conduct the reaction test by drinking alcohol. The above E, a police officer of the Ulsan Central Police Station, who was called to the scene with the report of 112, went away from the site, was snicked once by hand, snicking the chest of the E and snicking it over the floor.

Accordingly, the Defendant assaulted police officers who are performing their official duties, such as 112 reporting duties, and obstructed the performance of official duties.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was found to have a considerable reason to suspect that the Defendant, like the preceding paragraph, was under the influence of smelling, fluoring on the front seat of the vehicle with the foregoing fluored fluor and fluoring on the front seat of the vehicle and attempted to leave the site without making an answer. There was a reasonable reason to suspect that he was under the influence of driving by breading the vehicle on the access road to the apartment road to the residential area while under the influence of alcohol by setting an abnormal parking.

On the same day as the preceding paragraph, 03:44, 03:58, and 04:08, at the D police box located in the F of Ulsan-gu, Ulsan-do, the police officer was requested to take a drinking test, and the police officer was requested to take a drinking test, but the police officer was refused to take a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver;

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