beta
(영문) 창원지방법원 2015.12.30 2015고합233

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

1. On September 14, 2015, the Defendant injured by a special obstruction of performance of official duties, driving a e-manufactured car in front of the D cafeteria located in the Jindo-gu Seoul Special Metropolitan City, Changwon-si, and driving a e-car under the influence of alcohol.

The medical police officer belonging to the Jinhae Police Station was under the control of drinking driving from the victim F(20 years of age).

In response to the Defendant’s respiratory test, the Defendant would be punished for drinking so that the Defendant might escape, and the victim started and operated the said vehicle, which is a dangerous object, in order to have the Defendant’s inside of the driver’s seat by hand, and accordingly, the victim was placed at the rear wheels of the said vehicle.

As a result, the defendant interfered with the legitimate execution of duties concerning the crackdown on drinking driving of the victim, and thereby, the victim suffered injury, such as the right-hand sprink, which requires treatment for about two weeks.

2. Around the time and time specified in paragraph (1) of the Road Traffic Act, the Defendant driven a car as specified in paragraph (1) in the state of drunk alcohol concentration of approximately 0.171% at the 1km section from the cafeteria to the 1km in the vicinity of a restaurant to the area near a restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. A written statement of witness G;

1. A written diagnosis of injury;

1. A traffic accident occurrence report;

1. A report on the actual state of the driver;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph taken by photographing the part of the F injury);

1. Relevant Article of the Criminal Act, the proviso of Article 144 (2) and Article 144 (1), Article 136 (1) of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of drinking driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment heavier than that for causing bodily injury to special obstruction of performance of official duties]