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(영문) 울산지방법원 2020.10.23 2020고합212

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2019, the Defendant is a person who has received a summary order of a fine of KRW 8 million from the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 17:00 on June 4, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a DNA car owned by the Defendant without obtaining a driver’s license from the C parking lot in Ulsan-gu, Ulsan-gu, Ulsan-gu to the cafeteria-dong, Ulsan-gu, Ulsan-do, to the cafeteria-dong, the trade name of which is located.

2. At around 22:10 on June 4, 2020, the Defendant suffered from the obstruction of special performance of official duties, while driving D's car and driving a D's car into a nearby road located in Ulsan-gu E in Ulsan-gu, Ulsan-gu, Seoul-do, Police Station G of the Ulsan-gu, Police Station that was under the influence of alcohol, asked the victim to stop, and the police officer refused to stop, and the police officer instructed the victim to resist the traffic patrol vehicle Defendant and to demand a stop at several times while driving the said car, but disregarding this, the police officer neglected the traffic patrol vehicle, and prevented the victim from entering the lane patrol parking lot due to the escape from the I apartment J-dong, the above slope K (Nam, 43 years old) affiliated with the U.S., Police Station of Ulsan-gu, Seoul-gu, which was a victim, leading to stopping.

As a result, the Defendant carried a vehicle, which is a dangerous object, interfered with the legitimate performance of duties of police officers on the protection of the lives and bodies of the people, public peace and maintenance of order, and thereby, suffered injury to the victim, such as slunum salt, which requires approximately two weeks of medical treatment.

3. On June 4, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Road Traffic Act (Refusal of measurement of drinking), without obtaining a driver’s license from the cafeteria-dong, Ulsan-gu, Ulsan-do, to the cafeteria-dong parking lot located in the same city from the 2km section from the cafeteria-dong, Ulsan-gu to the I apartment J-dong parking lot of the same city.

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