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(영문) 의정부지방법원 고양지원 2016.08.12 2016고단1624

특수공무집행방해등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2016, the Defendant obstructed the performance of special official duties and damaged public goods, while driving D rash cars with alcohol concentration of 0.237% at around 0:38 on May 22, 2016, the Defendant fleded to F and G, a police officer belonging to the Gyeonggi-do Sports Center E District in front of the Gyeonggi-do 84 Mansan-gu, Gyeonggi-do, with a view to avoiding the crackdown on drinking.

During the above escape, the above police officers followed the Defendant’s vehicle by using the h-h-h-h-h-h-h-h-h-h-h-h-h-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

As a result, the Defendant, carrying dangerous objects, interfered with the legitimate execution of duties by police officers concerning the prevention, suppression, and investigation of crimes, and damaged objects used by public offices by destroying the patrol vehicle to be 475,737 won.

2. Around 23:40 on May 30, 2016, the Defendant continued to drive a rash car while under the influence of alcohol leveling 0.237% during blood, and continued to drive the rash vehicle toward the luxal basin of the luxal underground streets located in the eng-gu, Seoyangyang-gu, Seoyangyang-gu.

At the time, the road that the defendant was at night and the road that the defendant proceeded was a deaf with no streetlight, etc., so the person engaged in driving of the motor vehicle had a duty of care to reduce the speed, to live well before and safely drive the motor vehicle.

Nevertheless, the Defendant is the Defendant, who was negligent in driving at the front of the week while he was unable to drive normally due to influence of drinking, and was negligent in driving at the front of the Defendant’s driving direction. The part following the Defendant’s driving of the Jbera cruise car, which was driven at the front of the Defendant’s driving direction.