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(영문) 울산지방법원 2017.04.13 2017고단326

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 11, 2016, the Defendant was under the influence of alcohol content of 0.072% in blood at around 01:50, the Defendant driven a D money tank car from the vicinity of the “Enden Market” located at the bottom of Busan, to the front of the “C” food in the same Gu B from around 500 meters in front of the food in the same Gu.

2. The Defendant: (a) discovered that the police was in the vicinity of “F cafeteria” located in Busan, which was driving under the influence of alcohol as above while driving a special official duty; and (b) escaped to avoid this, and (c) was driving by H in the situation where the police was in Busan, which led to the operation of the G in order to avoid this.

I by the I Transport patrol vehicle, the said vehicle driven the vehicle with the above machine tank in front of the point of food of “C” and used the above H to shock the fronter of the said vehicle’s right-hand part of the vehicle with the above machine tank.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on drinking control using a car, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. A report on the detection of a primary driver;

1. The application of Acts and subordinate statutes to an investigation report (at least twice 21,22);

1. Article 144(1) and Article 136(1) of the Criminal Act applicable to the facts constituting an offense; Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the choice of imprisonment with labor);

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 [ 양형이 유] 양형기준 : 징역 1년 하한 ☞ 공무집행 방해 가중영역( 위험한 물건을 휴대한 경우) 의 하한 인 징역 1년을 전체 하한으로 함 이미 동종의 폭력 범행으로 집행유예 판결을 받은 전력이 있음에도 그 유예기간 종료 후 얼마 지나지 아니한 시기에 다시 이 사건 범행을 저지른 점이나 판시 특수 공무집행 방해죄에 나타난 범행 수법의 위험성 및 침해 법익의 중대성 등을 종합할 때, 피고인에 대하여는 일정 기간 사회와의 격리를 통한...