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(영문) 대구지방법원 포항지원 2014.03.17 2014고합9 (2)

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 21:50 on January 7, 2014, the Defendant driven a C truck under the influence of alcohol of about 0.106% of the blood alcohol concentration at the 13km section from the roads front of the low-speed water cooperative located in the Ulleung-gun, Ulle-gun, Ulle-gun to the roads front of the 1065-4, Ulle-gun, Ulle-gun, U.S. in the same Eup.

2. The Defendant suffered from a special obstruction of public duties, at the same time as that of the preceding paragraph, was required to stop and drive the freight vehicle at the time, by being subject to drinking control from D (the age of 44), which is the circumstance leading to the traffic safety of living at the Ulsan Police Station, in front of the Ulleung Police Station, located in the Ulle 704 in Ulleung-gun, Ulleung-gun.

In response to the defendant's refusal to comply with the above demand several times, D has a door on the side of the driver's seat with the left hand, has tried to open the car into the window of the driver's seat to turn off the moving of the cargo, and the defendant voluntarily departed from the above cargo vehicle, which is a dangerous object, and D leads about about about 10 meters to the above cargo vehicle, and caused D to go beyond the floor, and caused D to suffer diversified knee, such as knee, etc. which requires approximately 2 weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on drinking control, thereby causing injury to D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A criminal investigation report (Attachment of a medical certificate for a victim), an investigation report (Attachment of a photograph of damage D, etc.);

1. Application of Acts and subordinate statutes to reports on detection of drinking drivers, reports on the circumstantial statements of drinking drivers, and reports on the control of drinking drivers;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144 (2) and (1), 136 (1) of the Criminal Act that provides for the choice of punishment (a special injury resulting from disturbance of public duties) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving and a choice of imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be the concurrent crimes with the punishment imposed for the injury resulting from a special obstruction of public duties heavier than that imposed;