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(영문) 수원지방법원 2019.07.25 2019고단2549

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving service of a vehicle B put to B.

On December 4, 2018, the Defendant driven the above car on December 11, 2018, while driving it at a speed that is difficult to identify one-lane between the two-lanes of the two-lanes of the two-lanes, the road adjacent to the Young-gu C in Suwon-si, Suwon-si, as a big water shooting distance from D.

In this case, the driver had a duty of care to properly operate the brakes while keeping the front door well for the person engaged in driving service.

Nevertheless, the Defendant neglected to stop the vehicle at the front of the vehicle and escaped without taking measures such as aiding the victim while stopping the vehicle immediately after stopping the vehicle, which was 453,616 won in front of the vehicle, after being driven by the victim E (Nam, 45 years old) who was under the stop at the front of the vehicle due to negligence.

2. On December 4, 2018, the Defendant escaped as stated in paragraph (1) of the Road Traffic Act, and committed a violation of the Road Traffic Act (e.g., the Defendant committed a second floor parking lot of the G Apartment-gu Suwon-si, Suwon-si, Suwon-si, which was located in the second floor parking lot of the G Apartment-gu, Suwon-si, which was 112 reported by the Defendant

As there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as rhythm of the Defendant’s speech and behavior from the head of the Suwon-nam Police Station H Zone, and rhym of the pedestrian state with a strong distance, the Defendant was demanded from around 11:18 of the same day to around 11:25 of the same day to comply with a drinking measurement by inserting the whole breath of a drinking measuring instrument over eight minutes from around 11:18 to around 11:25 of the same day.

Nevertheless, the Defendant continued to refuse this and did not comply with a police officer’s request for a alcohol test without any justifiable reason by doing so.

3. Special obstruction of performance of official duties is around 11:08 on December 4, 2018.

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