beta
(영문) 수원지방법원 평택지원 2017.04.19 2016고단1423

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the operation of a motor vehicle with sod vehicle from C.

On June 25, 2016, the Defendant, at around 01:50, driven the said car on the road under the expansion of Pyeongtaek-si, 529 square meters, without obtaining a driver’s license for the said car, was subject to the control of drinking from police officers E and F belonging to the Gyeonggi-gu Police Station D, while driving the said car at a higher level of 529 square meters, it is difficult for the Defendant to discover the state of fine on the ground that the occurrence of the damage would occur, and even if the Defendant escaped, the Defendant was unable to keep the course by the patrol vehicle operated by F.

Accordingly, the defendant operated the hurfed car, which is a dangerous object, and brought the first aspect of the above hurf to the part of the driver's seat of the defendant vehicle.

As a result, the Defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers on the crackdown on drinking driving, and at the same time, damaged the police patrol vehicles used by public offices to use 1,001,000 won for repairing costs.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Written estimate;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special duties), and Article 141(1) of the Criminal Act (a) of the same Act (a point of impairing documents for public use, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a crime of obstructing the performance of special duties and damaging documents for public use);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of a recommendation) is the case where the degree of interference with official duties is serious in the case of showing the power of self-denunciation/organization or multiple groups or carrying dangerous things.