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(영문) 인천지방법원 2019.09.30 2019고합598

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2019, the Defendant injured by special obstruction of performance of official duties: (a) around 22:27, the Yeonsu-gu Incheon Metropolitan City Office of Incheon Provincial Police Agency C (44 years old) demanded the Defendant to set the vehicle under the influence of drinking on the ground of detection of drinking alcohol reaction; (b) in order to prevent the Defendant from escaping, the Defendant got the Defendant from driving the said vehicle, which is a dangerous object, and went beyond the victim by driving the vehicle rapidly, and then, (c) had the victim go beyond the right edge of the said vehicle, and (d) had the victim’s neck, who was going beyond the next rapid departure of the vehicle, go beyond the right edge of the said vehicle.

As a result, the defendant carried a dangerous object and interfered with the legitimate execution of duties of police officers concerning the crackdown on drinking driving, and caused the above D to suffer injury, such as double drupture which requires medical treatment for about six weeks.

2. A person engaged in driving service in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, and a violation of the Road Traffic Act shall not drive in a state where normal driving is difficult due to influence of alcohol, and a person has a duty of care to safely check up the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

On the date stated in paragraph (1), the Defendant driven B K7 car while under the influence of alcohol concentration of 0.082% at the time of alcohol level, and driven the said 6-lane road in front of the above gate, tunnel, and driven the said 6-lane road at the front of the gate, tunnel, in one-lane from the front of the school distance.

Since then, the Defendant was demanded to take a drinking test by the police officers in charge of drinking control, blocking the road in front of the tunnel.

The defendant drinking the above police officers.