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(영문) 수원지방법원 성남지원 2020.02.13 2019고합309

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 5, 2006, the Defendant received a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act from the original state branch of the Suwon District Prosecutors' Office to transfer juvenile protection cases due to a violation of the Road Traffic Act (driving) at the branch office of the Suwon District Prosecutors' Office. On April 21, 2017, the Defendant received a summary order of KRW 300,000 from the original state branch office of the Chuncheon District Court.

On November 9, 2019, at around 00:45, the Defendant driven a DPoon car with approximately KRW 5.5 km alcohol concentration 0.131% under the influence of alcohol at the section of approximately 5.5 km from the front road of Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front road of Sungnam-si.

2. The Defendant injured by a special obstruction of performance of official duties was demanded by H in the circumstances where he was reported by a witness, that “the Defendant is driving a drunkly in the vicinity of a drinking field while driving a car under the influence of alcohol in front of “F” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul.”

In order to prevent the defendant's escape, the defendant stopped at a temporarily, and proceeded about 30 meters with a speed of the car, and even though H, who was moving away with the window of the driver's seat of the car, has continued to move toward the NAt in order to stop the defendant's course, he followed the right edge of H with the right edge of the vehicle, which is a dangerous thing, and continued to proceed about 10 meters with a H, which is the right edge of the vehicle, with the right edge of the vehicle, and proceeded to prevent the defendant's escape.

As a result, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers in criminal investigations, and due to this, the police officers H suffered a right-hand salt, salt, and sacrife in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Summary statement of I;

1. A investigation report (for a shote), CCTV images-fagics and photographs;

1. A medical certificate;

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