beta
(영문) 인천지방법원 부천지원 2015.04.10 2015고합35

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2015, the Defendant injured by a special obstruction of performance of official duties was driving a Doning car owned by the Defendant on the surface of a 54 high-level post office in front of the 54 high-level Do Office, Kimpo-si, Kimpo-si, a five-lane-ro, in a one-way passage road on the roadside.

The Defendant was demanded to stop driving at the vehicle and stop driving on the ground that drinking was reduced as a result of the victim E (the age of 55) who was a police officer at the Kimpo Police Station’s guard and traffic control at the above time and place, and the drinking was confirmed through drinking reduction.

In order to escape by clarifying the fact of driving without a license, the Defendant driven a car even though the victim gets the window on the side of the driver's seat of the said vehicle in hand, the Defendant: (a) sold the body room of the victim to the window of the driver's seat of the vehicle, which is a dangerous object; (b) led the victim to approximately 5-6 meters of the body room of the victim; and (c) caused the victim to go beyond the road; and (d) caused the victim to inflict injury, such as climatic salt and cerebral dys, which require approximately 3 weeks of medical treatment.

Accordingly, the defendant, using dangerous objects, obstructed the legitimate execution of duties of police officers in relation to drinking control, and caused the injury of the victim.

2. Around February 22, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driven a d bargaining car without a driver’s license at a distance of about 2 km from the underground parking lot located at the location of “high village house” in the 344, as Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Registers of driver's licenses;

1. Application of CCTV photographs, photographs of damaged parts, and photographs of crimes vehicles to Acts and subordinate statutes;

1. Article 144(2) main sentence and Article 144(1) of the Criminal Act, the proviso of Article 136(1) of the Act on the Punishment, etc. of Specific Obstruction of Performance of Official Duties, and the Road Traffic Act.