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(영문) 서울서부지방법원 2015.11.18 2015고합190

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 June 4, 2015, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 11:35, 2015, the Defendant driven a mixed 124C 124C, which had no number plate that was not covered by the comprehensive automobile insurance from the 16th day of the reunification of Jongno-gu Seoul, Jongno-gu, 12-ro, Seoul to the front day of the Seodaemun-gu, Seodaemun-gu, Seoul, to the unification of

2. The Defendant injured by the obstruction of special performance of official duties was driving the Baba above the date and time set forth in paragraph (1) and driving the front side of the road in front of the said Seodaemun-gu Independence Park into the independent private distance-prevention plane from the Baba, and was ordered to stop from the slope C belonging to the Seoul Seodaemun Police Station and the same police station (the age of 26).

At this time, the defendant did not subscribe to a comprehensive motor vehicle insurance, and the defendant would be subject to a fine by driving in India without wearing a safety mother. On the ground that the above stop instructions were neglected, and the above Otoba, which is a dangerous object, had D, knee and knee, had D go beyond its face.

As a result, the Defendant, carrying a dangerous object, assaulted a police officer to interfere with the legitimate performance of duties by a police officer on traffic control, and thereby, caused the injury of a police officer, such as salt, tension, etc. of a trend that requires a police officer to take a medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statements and statements on the occurrence of traffic accidents;

1. The application of traffic accident reports (1) and medical certificates to Acts and subordinate statutes;

1. Article 144 (2) and the main sentence of Article 144 (1) and Article 136 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of automobiles which are not mandatory insurance, and the choice of imprisonment);

1. Of 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 the injury resulting from a serious obstruction of performance of special duties;