beta
(영문) 창원지방법원 2015.03.26 2015고합16

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

On October 5, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 350,000 as a fine in the same court on November 15, 2010.

On January 16, 2015, at around 02:30, the Defendant discovered that he was under influence of 0.144% of blood alcohol concentration on the front of the Kimhae-dong, Kimhae-si, while driving a Crost cruise vehicle with one-lane, and began to flee, refusing to comply with the suspension signal of a slope D belonging to the Kimhae-si Police Station guard and the relevant slope D.

Therefore, the above slope E belonging to the police station entered one lane to prevent the defendant from escape before approximately 200 meters of the above control point, and the defendant proceeded without reducing the speed of the vehicle, and the defendant escaped with the back part of the driver's seat of the above patrol vehicle as the front part of the vehicle that the defendant drives.

As a result, the Defendant carried a motor vehicle, which is a dangerous object, interfered with the legitimate performance of duties by the police officer on drinking control, and caused the injury to both the victim E, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A report on detection of a drinking driver and a statement in the circumstances of a drinking driver;

1. A report on investigation (a confirmation and attachment of photographs) and a report on investigation (a written estimate and a medical certificate);

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes;

1. Relevant provisions of Article 144 (2) (main sentence) and (1), Article 136 (1) of the Criminal Act concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the 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 is heavier serious injury resulting from the obstruction of special performance of official duties;