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(영문) 서울남부지방법원 2015.08.20 2015고합213

특수공무집행방해치상

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

The Defendant, around 23:50 on May 22, 2015, is driving a drinking on the front side of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, with a drinking on the roads, and is proceeding from the eronom bank of Gangseo-gu to the erogate of Gangseo-gu Office.

In the course of the bypassing from the surface of the road of the Gangseo-gu, the police station of the Gangseo-gu Police Station, which was under drinking control, was subject to a drinking test from E (the age of 36).

The Defendant, at the request of E, put a breath into a drinking measuring instrument, and started the said car, which is a dangerous object, even though the Defendant was demanded to get a sound from breath E, meaning a drinking reduction in a drinking measuring instrument, without disregarding it.

Therefore, in order for E to stop the said car, the Defendant continued to proceed with the car at the above car without selling it to the car and demanded to set up and stop the car at the light blick, but the Defendant sustained the injury of the scular sculp, etc. in need of approximately three weeks of treatment by having E go beyond the road at around 20 meters from the above car.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate performance of duties by police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Statement of the occurrence of E traffic accident;

1. A report on the occurrence of a traffic accident, a vehicle photograph1. Application of the Acts and subordinate statutes of a medical certificate;

1. The former part of Article 144(2) and (1), and Articles 136(1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors considered as favorable sentencing for the following reasons):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of applicable sentences according to the sentencing criteria;

(a) Determination of types: Injury or injury resulting from obstruction of performance of official duties, death or injury resulting from special obstruction of public duties, or injury resulting from special obstruction of public duties (type 1);

(b) Special-salvists and general-salvists: