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(영문) 청주지방법원 제천지원 2015.11.19 2015고단521

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

except that 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

At around 22:20 on September 15, 2015, the Defendant discovered a police officer who controls drinking while driving a Karen motor vehicle in front of the “D,” which is located in Dacheon City, while driving a Karen motor vehicle, and found the police officer who controls drinking while driving the motor vehicle, and thus, it is difficult to perceive the fact of driving the motor vehicle, and thus, the Defendant was forced to stop the motor vehicle to regulate drinking by driving the motor vehicle from the border F and G, which belongs to the traffic control system of the Incheon Police Station where the driving of the motor vehicle was controlled at the front intersection while trying to abscond by getting the head of the 100 meters away after having set the head of thelight and getting the shock from the patrol vehicle at the scene while driving the motor vehicle temporarily.

The Defendant seems to follow the direction of the above police officers by rapid decline in the speed of knife, and close to approximately 20 meters with the above police officers, which led to a sudden acceleration of the speed of the knife, and the Defendant escaped while shocking the night signal bars possessed by the police officers F by getting the above police officers into the speed of the knife of the knife.

As a result, the Defendant committed violence to the police officers while driving the above vehicle, which is a dangerous object, and interfered with the legitimate execution of duties of the police officers concerning the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A H statement;

1. Report on internal investigation (investigation of field confirmation);

1. Inquiry into the details of service use;

1. Automobile register;

1. A map at the accident site;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The act of the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing following the suspended sentence), provoking the police officers in order to avoid drinking control by the police officers, is a considerable disadvantage to the defendant. It is the fact that the defendant confessions the crime of this case, and is against the defendant.