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(영문) 인천지방법원 부천지원 2013.09.26 2013고단2543

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person engaging in driving of Cunst motor vehicles.

On May 9, 2013, the Defendant driven the said car while under the influence of alcohol of 0.138% of blood alcohol concentration on May 23:15, 2013, and driven the said car at a non-speed distance of 7-2 ahead of the Seocheon-si, Nowon-gu, Seocheon-si, Seocheon-si, with a one-lane of vindication distance from the vindication distance.

In the same direction, the victim D was followed by the E bus driven by the victim D, and thus, the person engaged in driving service was well aware of the bus, and there was a duty of care to secure and proceed with the safety distance that can be avoided when the bus stops.

Nevertheless, under the influence of alcohol, the Defendant was found to stop the bus in order to board passengers on board due to the negligence of excessively close-down and was taking a sudden action, but the Defendant did not avoid the bus and received the part behind the bus in front of the passenger car of the Defendant.

After all, even though the Defendant destroyed the above bus with a repair cost of KRW 906,000, the Defendant left the scene of the accident without immediately stopping the bus and taking necessary measures.

2. Around 23:00 on May 9, 2013, the Defendant driven the said car while under the influence of alcohol of about 0.138% of alcohol concentration from the 2km section of approximately 2km to the 7-2nd road of the same day from the roads adjacent to the Yancheon-si Station, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant driven the said car under the influence of alcohol of about 0.138%.

3. On May 10, 2013, at around 00:25, the Defendant interfered with the performance of official duties, at the place specified in paragraph (1) on May 10, 2013, G was prevented from treating the Defendant’s drinking of alcohol by a police box affiliated with the House, Do-U.S. Police Station, which was called to the scene of a traffic accident, while performing a drinking measurement against the Defendant, and at the same time, G’s face and drinking.

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