beta
(영문) 대전지방법원 홍성지원 2013.12.19 2013고합74

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. Around 14:40 on August 2, 2013, the Defendant driven CK5 cars with a blood alcohol content of about 0.141% from the section of about 20km from the 20km-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, to the west-si, Seocheon-gu, Seocheon-gu, Seocheon-do, Sincheon-do.

2. Around 15:00 on August 2, 2013, the Defendant: (a) discovered that the Defendant was driving a CK5 vehicle in front of the Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, Seocheon-do, and that the drinking control is being carried out; (b) while the patrol vehicle driven by the slope victim E (the age of 40) belonging to the D Zone Unit of the Seocheon-gu, Seocheon-gu, Police Station, was driven to avoid this, the Defendant driven the said vehicle to prevent the Defendant from driving and stop the vehicle; (c) led the said vehicle to the front part of the patrol vehicle for about two weeks; and (d) destroyed the said E to require approximately two weeks of the patrol vehicle to suffer injuries, such as catum salt, etc. which requires a medical treatment; and (e) damaged the patrol vehicle to require the repair cost of the 923,000 won.

Accordingly, the defendant, which is a dangerous object, inflicted an injury on police officers by obstructing police officers from performing their duties of drinking control, and at the same time damaged the patrol vehicles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report, a written statement of his/her status as a driver, a written statement of his/her status as a driver, and an investigation report (investigation into the route of evacuation and arrest guards, etc.);

1. A written request for medical treatment, a medical certificate, or a written estimate;

1. Application of Acts and subordinate statutes to the scene and photographs of damaged parts of vehicles;

1. Articles 144(2) and (1), 136(1) of the Criminal Act applicable to the relevant criminal facts of the crime, Article 144(2) and (1), Article 144(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (a) of the Road Traffic Act;

1. The crimes of causing obstruction of the performance of official duties under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.