특수공무집행방해치상등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.
2. The crime of this case, when the defendant was under the influence of alcohol while driving under the influence of alcohol, led the defendant to be punished, so that he would escape as it is, and caused the police officer to escape, while driving the vehicle bat, etc., and thereby causing the injury to three police officers engaged in the duty of drinking control. The crime of this case is very heavy.
From 2008 to 2013, the Defendant did not have been aware of the fact that he was punished four times by a fine due to driving of drinking or refusing to measure drinking, and the Defendant committed the instant crime, and therefore, it is inevitable to punish the Defendant.
On the other hand, the defendant seems to have committed a contingent crime, and reflects his fault and mistake.
The degree of injury suffered by victims is not severe.
The defendant agreed with the victims in the trial, and the victims do not want to be punished.
In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Inasmuch as the judgment of dismissal is the same as the facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1)1 and Article 44(1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting a crime under the relevant Act, the main sentence of Article 144(2) and Article 144(1) of the same Act, and Article 136 of the same Act.