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(영문) 의정부지방법원 2017.04.19 2016고합588

특수공무집행방해치상등

Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A’s crime;

A. On July 28, 2016, the Defendant was driving a motor vehicle under the influence of alcohol content of about 0.069% at a 200-meter radius from the Do in front of the mutual influence of around 21:10 on July 28, 2016, without obtaining a driver’s license for the motor vehicle under the influence of alcohol content of about 0.069% from the Do in front of the influence of the trade name in Namyang-si, Namyang-si.

B. The Defendant caused interference with the performance of special duties, at the time and at the place specified in the above paragraph (a), discovered police officers who used light booms at the time and control drinking, and tried to stop the said car, and then set off the said car at the victim H, an auxiliary police officer belonging to the National Police Agency G of the Gyeonggi-do Police Agency G, which used to control drinking, to stop the said car and set off the glass, to control the driving of the said car, and caused the instant car to go off the left hand, which used to build a light boom, to turn off the said car, which is a dangerous object, into the front left part of the said car, and shocked the said H’s left part of the front part of the said car.

As a result, the Defendant carried dangerous articles and interfered with the legitimate performance of duties by police officers concerning the crackdown on driving of drinking, and the Defendant suffered injury such as the left-hand hand boom, which requires approximately two weeks medical treatment.

2. The Defendant, at around July 28, 2016, 21:00 on July 28, 2016, 2016, performed drinking together with A, a workplace club, and made it easy for A to drive the said car while under the influence of alcohol, as described in paragraph 1(a) of the above, on the ground that the Defendant, at a mutually influent arction house located in D, with A, a workplace club.

As a result, the Defendant aided and aided A's drinking driving crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the circumstances of driving at home, a report on the circumstances of driving without a license, a report on the circumstances of the driver at home and a medical certificate;

1. An investigation report (verification of inquiries, etc. into B vehicles for reference);