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(영문) 서울동부지방법원 2013.12.06 2013고합288

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2013Gohap288]

1. Around September 14:20, 201, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the Doststuna car owned by C without a driver’s license from the underground parking lot of Macheon-dong, Songpa-gu, Songpa-gu, Seoul to the front road of the Magi-dong, Songpa-gu, Seoul.

2. The Defendant injured by a special obstruction of performance of official duties, such as the preceding paragraph, committed a violation of signal at a crosswalk while driving a rocketing car in front of the 50-3-Macheon-dong, Songpa-gu, Songpa-gu.

Therefore, in order to confirm whether the owner of the above vehicle is identical to the owner of the vehicle, F of the Seoul Song Police Station Estation, which had been on the duty of traffic guidance for elementary school students at the time, is an unlicensed owner through the vehicle inspection, and to confirm whether the defendant was the same as the owner of the vehicle, the defendant sent a stop signal on several occasions to the defendant, and ordered the defendant to get off the window with the driver's seat at the time when the defendant was closely adhered to the vehicle of the defendant so that the defendant does not flee.

그러나 피고인은 당시 벌금 수배 중이었고 전항과 같이 자동차운전면허 없이 운전을 한 사실이 다시 적발될 것이 두려워 서행하며 마치 정지할 것처럼 하다가 갑자기 속력을 높여 그대로 도주하였고, 이로 인해 경위 F은 도로 상에 넘어져 한 바퀴를 뒹굴게 되었다.

As a result, the defendant carried a dangerous object of vehicle and interfered with legitimate execution of duties by police officers such as identification and arrest, traffic control, and, at the same time, suffered injury to the victim FF (the age of 43) on the right side, which requires treatment for about two weeks.

3. The Defendant, upon receiving the police investigation, is likely to clarify the fact of driving without a license and the fact of receiving a fine due to the unpaid amount of the fine, and thereby, the “G” for the Defendant and the Defendant.

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