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(영문) 서울중앙지방법원 2019.05.17 2019고단1837

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 04:40 on September 21, 2018, the Defendant driven a F rocketing car under the influence of alcohol content of approximately 0.097% from the 10km section from the 10km section to the e-road located in D, “C” located in Ansan-si B.

2. Special obstruction of performance of official duties: (a) at the three-lanes of the front road referred to in paragraph (1) E of the above 1. Special Obstruction of Official Duties, the Defendant driven a F rocketing car as referred to in paragraph (1) of the above 1.

While the Defendant was divingd at a driver’s seat while driving the said car at the time of driving, the Defendant: (a) received a report from 112 that “A police officer, who belongs to the Ansan Police Station G police station, who was called out to the said car, will not have a signal changed; (b) sent the vehicle to the same time, and (c) sent the Defendant a door to the driver’s seat immediately next to the driver’s seat of the said car; (d) was fully aware of the fact that a police officer, who was called out to the said car, could inflict an injury on the Defendant in order to prevent the Defendant’s escape when driving the said car, and assaulted the said police officer in such a way as to take and try to escape the said vehicle, which was stopped at the speed of the said car at the front of the said car.

Accordingly, the defendant carried a vehicle, which is a dangerous object, and obstructed the police officer's legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and H;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A photograph of a detailed statement on the 112 Incident report, a photograph of the scene of the crime, photograph of the harming vehicle and patrol car, and a CCTV-cape photograph;

1. Application of Acts and subordinate statutes to each investigation report (No. 8, 11, 19)

1. The pertinent Article of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime (the obstruction of performance of the duties of carrying dangerous articles), and the driving under the influence of alcohol under Articles 148-2(2)3 and 44(1) of the Road Traffic Act;