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(영문) 수원지방법원 2019.08.22 2019고단1789

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. In the event of special obstruction of performance of official duties or damage to public goods, the Defendant was driving a road in front of the B-Lon on December 26, 2018 on the 22:02, while driving a C-Lon vehicle, the need to stop the vehicle from E, a police officer affiliated with the C-Lon Police Station D, which was under the influence of drinking at that place.

Since it is difficult for the Gu to be dismissed from driving without the license of the Gu, the above vehicle has been driven and escaped as it is.

Accordingly, the warning that the slope F, who belongs to the police station, driven a G patrol vehicle, sound sirens and stop the vehicle, and changed the course to the left side of the defendant, and followed the defendant, the defendant maintained speed in order to see the police officer's tendency, and received once the part of the said patrol vehicle's gate and gate with the left part of the vehicle that the defendant driven.

As a result, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning the control of crimes, and at the same time, damaged the patrol car, which is a public object, to take up KRW 2,073,333 of the repair cost.

2. A criminal suspect who violates the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act was driving a CR car not covered by mandatory insurance at a distance of about 500 meters from the front of the IH to the I on the date set forth in paragraph (1).

Defendant

In addition, the defense counsel denies the charge of special obstruction of performance of duties and damage to public goods while the defendant caused a traffic accident and did not have the patrol car intentionally.

However, according to the evidence duly adopted and examined by this court, the defendant was aware of the patrol vehicle coming from his own driver's vehicle, and the defendant continued to proceed with the patrol vehicle even after the first shock of the patrol vehicle, and the defendant escaped after the second shock.