특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant causing a traffic accident while driving a drinking, and instead, without taking any measures, resulting in an additional traffic accident after getting the patrol vehicle of the roadside, and again resulting in an additional traffic accident, and the nature of the crime is very poor.
However, in full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, it is recognized that the Defendant’s punishment imposed by the Defendant is somewhat unreasonable, inasmuch as it is recognized as inappropriate, given that the Defendant’s punishment imposed by the lower court is somewhat unreasonable, in full view of the following factors: (a) the Defendant and his defense counsel have an opportunity to reflect the victim’s life through imprisonment for more than two months; (b) the Defendant recovered from the victim F, D, and the Defendant agreed smoothly with the Defendant; (c) the police officer was in the trial; (d) the Defendant filed a written application for punishment with the Defendant that the Defendant would disrupt the Defendant’s preference; (e) the Defendant’s personal seal was boomed; and (e) other circumstances, including the Defendant’s age, sex, family relationship, and the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the point of drinking), Article 148, Article 54(1) of the Road Traffic Act (the point of failing to take measures after each accident), Articles 144(1) and 136(1) of the Criminal Act for criminal facts (the point of obstructing the performance of special official duties).