Violation of the Guarantee of Automobile Accident Compensation Act, Violation of the Road Traffic Act

2. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting one hundred thousand won into one day.

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

1. Injury resulting from special obstruction of performance;

Around 17:50 on October 5, 2013, the Defendant was under traffic control from the border D (32 years of age) belonging to the Seoul Dongjak Police Station while driving the Datoba on a street, which is the exclusive motorway of Dongjak-gu Seoul Metropolitan Government Nowon Noise and Vibration 13-8.

When the above D calls for the Defendant to send his identification card to the Defendant by sending the Defendant a hand signal to stop in the future, the Defendant left the Defendant’s left hand and knee part of the Defendant’s left knee.

As a result, the defendant carried a dangerous object and obstructed the police officer's legitimate performance of duties concerning traffic control, and caused the victim to receive approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act;

On October 5, 2013, at around 17:50, the Defendant driven C Otoba (motor bicycle) in a state of 0.096% alcohol concentration at a section of approximately 8.32 km from around 52-4, as Seocho-gu Seoul, Seocho-gu, Seoul, to the road of about 13-8 of the Nowon-gu Seoul Metropolitan Government Normic Noise and Vibration.

3. Violation of the Guarantee of Automobile Accident Compensation Act;

On October 5, 2013, around 17:50 on October 5, 2013, the Defendant driving a C Obaba ( Two-wheeled Motor Vehicle) that was not covered by mandatory insurance on the 52-4 front road as Seocho-gu Seoul, Seocho-gu Seoul.

4. No driver or pedestrian of a motor vehicle or horse, other than a motor vehicle violating the Road Traffic Act, shall drive on an expressway or motorway;

Nevertheless, at around 17:50 on October 5, 2013, the Defendant driven the Otoba (motor bicycle) and passed along the street, which is the exclusive motorway of Dongjak-gu Seoul Metropolitan Government Nowon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the mandatory insurance association, the State-employed driver's license report, the next-time inquiry, the medical certificate, and each investigation report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 144(2) main sentence and (1), 136(1) of the Criminal Act, Article 148-2(2)3, and 44(1) of the Road Traffic Act (the occupation of drinking driving and the choice of imprisonment), Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a vehicle which is not mandatory insurance, the choice of imprisonment), Article 154 Subparag. 6, and Article 63 of the Road Traffic Act (the occupation of a vehicle which is not mandatory insurance, the choice of imprisonment), Articles 154 Subparag. 6, and 63 of the Road Traffic Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Concurrent Imposition of Imprisonment with prison labor and fines prescribed for the violation of the Road Traffic Act) of the Criminal Act concerning concurrent crimes of causing serious injury to the execution of official duties as prescribed by the crime of causing serious injury to the victim of the crime of causing serious injury to the victim of the crime of causing obstruction of official duties, violation of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act)

1. Discretionary mitigation;

Articles 53 and 55(1)3 and 65(1)6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Articles 62(1) and 62(2) of the Criminal Act (hereinafter the following grounds for sentencing has been considered as normal for more favorable reasons)

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserted that the defendant did not understand the horses of the crackdown police officer at the time, and once again, the police vehicle started to move to a parked space in front, and there was no intention to shock or injure the police officer at all.

However, in light of the following facts acknowledged by each of the above evidence, it is judged that the defendant had an intention to attack the police officer due to dolusa, Obama, and thus, it was sufficiently predicted that the police officer may sustain an injury. Accordingly, the above assertion is rejected.

① The Defendant, while driving a off-to-land and driving on a street that is an exclusive motorway, was unable to proceed with the vehicle as well as the body of the vehicle on the front road of Dongjak-gu Seoul Metropolitan Government Norms and Vibration 13-8, and the Defendant stopped the off-to-land in a narrow space between the bridge truck which was stopped on the right side of the above road and the delivery located on the right side.

(2) Police officers D belonging to the Seoul Dongjak Police Station, who controlled traffic around them, moved to the front of the defendant to report and control the defendant who is driving a motor vehicle on the exclusive road for motor vehicles.

3) The Defendant: (a) D, a multi-person Gap-o, laid the accelerator 3 to 4 times; and (b) D, an English language, called “Stop. Stop. Turn office”; (c) demanded the Defendant to stop from the Defendant; and (d) demanded the Defendant to present his identification card after speaking his position, rank, and name; and (c) the Defendant started the Gap-oba.

④ Accordingly, D attempted to avoid to the right side of the Defendant’s running, but did not completely avoid the Defendant’s running side, faced with his left hand and knee in front of the Defendant’s Otoba, and thereby suffered injury as indicated in its reasoning.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment for a period of one year and six months to fifteen years, and a fine of 150,000 won or less;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than two years; and

(a) Sentencing Criteria for the crime of causing bodily injury to special obstruction of performance;

[Determination of Punishment] Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty)

【Special Convicted Person】

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

B. Application of standards for dealing with multiple crimes

[Scope of Recommendation for all Crimes] Imprisonment for not less than two years (limited to the lowest limit of the sentencing criteria, since the concurrent relationship between the violation of the Road Traffic Act, the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Guarantee of Automobile Accident Compensation Act, and the former part of Article 37 of the Criminal Act

3. Determination of sentence: A sentence of imprisonment with prison labor for a year and six months; a sentence of a fine of KRW 100,000,000, under the influence of alcohol was committed by the Defendant, and the Defendant was under the influence of alcohol and was under the control of traffic control, thereby causing injury to the police officer. However, the nature of the crime is somewhat minor; the degree of injury to the damaged police officer is minor; the Defendant’s refusal to stop to stop with the police officer’s control and attempted to flee; the Defendant seems to have shocked the police officer by contingency; the Defendant’s mistake is perceived as a substitute for and against his mistake; the Defendant’s age, character and conduct, environment, circumstances of the crime, means and method of the crime; and the circumstances after the crime, etc., a sentence lower than the sentence set forth in the sentencing guidelines shall be imposed, comprehensively taking account of all the sentencing conditions set forth in the instant arguments.

Judges Training Sub-Appellant

Judges Kim Gin-sus