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(영문) 부산지방법원 2013.12.24 2013고합826

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

The Defendant is a person engaging in driving a CM525 V car.

1. At around 07:30 on September 11, 2013, the Defendant: (a) driven the above vehicle at the lower intersection located at the bottom of the Busan Summer-gu; and (b) made a left turn to the left at the three-lane, which is a two-lane, which is the right-hand left-hand way from the front of the Samsung Bio-building located at the front of the above Samsung Bio-building, and was controlled by police officers D (n, 27 years of age) who controlled the traffic adjustment and direction in front of the above Samsung Bio-building, and stopped the said vehicle at the front of the above Samsung Bio-building.

The victim demanded the defendant to present his driver's license on the ground of traffic offenses.

Therefore, the Defendant, at the time, should be punished because of the discovery of the fact that the said vehicle is an unlicensed driver, and the said vehicle is replaced by a large-scale one, while driving the said vehicle into the victim and driving the said vehicle on the right side of the victim who was immediately adjacent to the driver’s seat, and caused the victim to go beyond the road.

Accordingly, the defendant, using a vehicle that is a dangerous object, interfered with legitimate execution of duties concerning traffic control of the victim, who is a traffic control police officer, and committed a elbbow in need of approximately two weeks of treatment to the victim.

2. On September 11, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving the said vehicle without obtaining a driver’s license, on the same day from the street in the vicinity of the main hospital located in the 302-1, ri-ri-ri-ri-dong, Busan, to the modern parking lot located in the bottom of Busan, around 07:40 meters at around 200 meters at the bottom of the Busan, and without obtaining a driver’s license.

3. Any person who has purchased an automobile registered in violation of the Automobile Management Act;