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(영문) 인천지방법원 부천지원 2014.05.23 2014고합55

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2010, the Defendant was sentenced to two years by the Seoul Western District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on January 28, 201, the Incheon District Court sentenced the Defendant to six months for attempted fraud, and completed the enforcement of the said sentence in the female prison on September 6, 2012.

【Criminal Facts】

1. Around 01:00 on April 3, 2014, the Defendant injured by a special obstruction of performance of official duties was found to have driven a motor vehicle for the use of drinking alcohol on the front of the shooting distance of the reproduction aggregate culture center located in 107-1 at the end of Seocheon-si, Seoul Special Metropolitan City.

Although the Defendant demanded D to move the vehicle at a time to measure alcohol, D demanded D to take the window of the car driving seat in hand and stop the vehicle at hand, and D continued to drive the vehicle at the same time and continued to move D to the ground after about 20 meters away from the vehicle, which is a dangerous object of D, under the speed of the said vehicle.

As a result, the defendant interfered with the legitimate execution of duties by police officers on drinking control, and thereby, the defendant suffered from the injury such as salt, ground, etc. in the field of each shoulder that requires treatment for about 21 days to the above D.

2. Around 00:55 on April 3, 2014, the Defendant driven the said car under the influence of alcohol content of about 0.089% from the 3km section of the blood alcohol content to the road in front of the transmission details in Seocheon-gu, Seocheon-si, Seocheon-si, Seoul at around 01:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Notification of the results of the drinking-driving control, the report on the state of the driving of a drinking-free, the report on the state of the driving of a drinking-free, the inquiry into the results of the drinking-free driving control, and the ledger of using the

1. Each photograph (victim photographs, photographs of a victim, photographs of a vehicle operated by a suspect, photographs of the scene of occurrence and autopsy, and map of a escape);

1. Previous convictions: Crimes committed during the period of criminal records and investigation reports;