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(영문) 전주지방법원 2017.11.17 2017고합194

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 September 6, 2017, the Defendant was under the influence of alcohol content of 0.096% in blood without a driver’s license for a motor vehicle, and the Defendant driven a coo vehicle in C in the section of about 1km from the road in front of the route of the old red 1-gil 21, U.S. New Donsan Donsan Don-ri to the road front of the same red 1-ri Don Don 21, U.S. Don-ri Don Don-ri, 201.

2. On September 6, 2017, the Defendant suffered injury from interference with the performance of special official duties, from the E-ray located in B in Yasan-gu, Yasan-si on September 6, 2017, the Defendant was required to measure the so-called so-called so-called so-called “breathm” in order to verify whether the Defendant was drinking or not while operating the said vehicle while driving the said vehicle from F

Although the above F demanded that the drinking signal be cut off during drinking so that it can be cut off, the Defendant driven the above vehicle slowly, and the above F demanded that the f stop on several occasions in a state where the hand hand, which caused the traffic signal to the left hand, is loaded below the window, and the f stop on the vehicle.

However, even though the above F is taking the window of the driver's seat of the above F, which is a dangerous object, the Defendant used the vehicle rapidly by moving the vehicle to a rapid manner, and caused the above F to go beyond the above F to the window of the driver's seat.

As a result, the Defendant carried the above vehicle, which is a dangerous object, interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking, and at the same time, the Defendant placed the right knee, other knee and tensions in the part of the right knee requiring treatment for about three weeks.

Summary of Evidence

1. Application of the statutes governing the defendant's statutory statement;

1. The main sentence of Article 144(2) and Article 144(1), Article 136(1) (a) of the Criminal Act related to the facts constituting an offense; Article 148-2(2)3, and Article 44(1) (a) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.