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(영문) 수원지방법원 2019.01.11 2018고합545

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2018, the Defendant driven a DCA110-V motorcycle at the section of approximately 200 meters from the Suwon-si, Suwon-si B to the front road of the same Gu from around 23:10 on October 6, 2018, while under the influence of alcohol at around 0.11% of alcohol concentration.

2. On October 6, 2018, the Defendant: (a) driven a motor bicycle with blood alcohol content of 0.111% at around 23:10, while driving the DCA 110V motor bicycle in front of Suwon-si, and driving the motor vehicle in front of Suwon-si, the victim F (40 years of age) who is a police officer belonging to the Suwon-gu Police Station E of the Suwon-gu Police Station, discovered the drinking control at the above place and escaped to avoid drinking control; (b) the victim discovered the drinking control, sent the signal to see and stop the light shield; and (c) the motor bicycle, which is an object dangerous to prevent the Defendant’s course, was driven toward the right side of the victim by driving the motor bicycle as it is.

As a result, the Defendant interfered with the legitimate execution of duties by the police officer on drinking control and traffic safety maintenance using a motor bicycle, which is a dangerous object, and thereby, the Defendant suffered the victim's advantage of the knife that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Notification of the control of drinking driving;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Application of the Acts and subordinate statutes to photographs taken by a drunk driver, victim police officers, and field photographs;

1. Relevant Article of the Criminal Act, the proviso of Article 144 (2) and Article 144 (1), Article 136 (1) of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of drinking driving 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 imposed on the injury resulting from special obstruction of performance of official duties, which is heavier;