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(영문) 청주지방법원 충주지원 2014.02.06 2013고합73

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On November 20, 2013, the Defendant injured by the obstruction of performance of special duties: (a) around the E Hospital located in Chungcheongnam-gun, Chungcheongnam-gun; (b) while driving a Fran TG car, the Defendant stopped the vehicle after receiving a request for a drinking test from the victim G who is a slope belonging to the voice police station that was under the influence of drinking (34 years of age) while driving the Fran TG vehicle; and (c) when driving the said vehicle, which is an object in danger of drinking a drinking-free drinking so as to make it difficult for the victim to take a drinking-free machine, enter a red color at the drinking-free machine; and (d) led the victim to approximately 10 meters in a pipe in the front of the driver’s seat window, leading the victim to approximately 10 meters in a pipe.

As a result, the Defendant interfered with the legitimate performance of duties of a police officer on the crackdown on drinking by carrying dangerous objects, and thereby, the Defendant suffered the victim from other losses and losses in need of medical treatment for about two weeks.

2. Around 21:00 on November 20, 2013, the Defendant driven a Fho TG car while under the influence of alcohol at approximately 0.091% of alcohol alcohol level on the front of the “large Library” in the front of the restaurant for the “nuri Library” located in the front of the “nuri Library,” located in the Do of the Do of the Do of the Do of the Donsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven the Fho TG car volume in the direction of approximately 3km.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Each police statement made to G and I;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation;

1. A copy of the medical certificate of injury to G;

1. Application of the Act and subordinate statutes to vehicles, photographs, tear clothes, and kneeeee-gneeng photographs driven by suspect;

1. Relevant provisions of Article 144(2) and the main sentence of Article 144(1), Article 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking driving 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 shall be more severe, and the punishment shall be imposed by the maximum term of the crimes concerning bodily injury resulting from the obstruction of special performance