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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1687

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 1, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license from around 00:30 on October 1, 201, and driving a motor vehicle with approximately 1km section Epo-te (1km) from the front day of C at C through D.

2. On October 1, 2016, the Defendant obstructed the performance of special official duties, at around 01:00, operated the said scoo-gu car on the front of C at the Chaton-si, and was forced to drive the scoo-gu car by drinking so as to reduce drinking from G with a view to drinking, and was demanded to get the said police officer, despite the fact that the said police officer was driving the scoo-gu car, which is a dangerous object in his hand, escaped from the above police officer to the extent of about 10 to the extent of the above police officer’s scoo-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Application of Acts and subordinate statutes to report on investigation (Listening to statements by enforcement officers, re-shots of damage, etc.);

1. Relevant provisions of the Criminal Act, Articles 144(1) and 136 of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, the choice of imprisonment for a crime, the choice of a sentence, and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the aggravated area (1 to 4 years in the course of interfering with the performance of public duties) (1 to 4 years in the course of carrying dangerous objects] (1). However, in the case of a violation of the Road Traffic Act, since the sentencing guidelines are not applicable in the case of a violation of the Road Traffic Act, only the lower limit of the above sentencing guidelines shall be considered when the sentence is determined.

2. Determination of sentence - Determination of favorable circumstances: the confession, the fact that many of the applicants for the defendant want to find the defendant's wife against the defendant, and the defendant seems to sell and reflect his vehicle;

(k) - Unfavorable circumstances: