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(영문) 울산지방법원 2016.04.08 2015고합402

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 28, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a motor vehicle from around the “D” restaurant located in Ulsan-gu, Ulsan-gu, Seoul to around 1.26 km, Ulsan-dong, Ulsan-gu, through Ulsan-dong E without obtaining a driver’s license, to around 1.26 km.

2. On November 28, 2015, the Defendant: (a) driven a vehicle at “D” restaurant located in Ulsan-gu, Ulsan-gu, Ulsan-gu, without a driver’s license, as described in paragraph (1) after drinking alcohol at the “D” restaurant; (b) was controlled by a auxiliary police officer of the National Police Agency G of the National Police Agency G of Ulsan-gu, Ulsan-gu, Seoul-do; (c) did not comply with a drinking test; and (d) was parked at approximately 100 meters away without complying with the drinking test; and (d) was stopped by preventing the Defendant from driving the vehicle in front of the Defendant, as described in paragraph (1).

Defendant J, after the driver’s seat of the said vehicle, started the said vehicle, which is a dangerous object, to demand a measurement of drinking to the Defendant at the seat above the said vehicle, and went beyond the floor due to the shock of the said J’s right side due to the driver’s seat, and suffered injury to the said J, such as a blue blue, etc., in need of approximately three weeks of treatment.

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate performance of duties, and thereby, sustained an injury to police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A statement of H;

1. Application of Acts and subordinate statutes to investigation reports (in the face of crimes, ctv verification, and attachment of an injury diagnosis report);

1. Relevant Article of the Act and subparagraph 1 of Article 152 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), the former sentence of Article 144(2) and Articles 144(2), 144(1) and 136(1) of the Criminal Act concerning the crime (the injury or injury caused by interfering with the performance of special duties);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be more severe than that provided for the crime of injury resulting from interference with the execution of special duties.