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(영문) 광주지방법원 순천지원 2014.01.09 2013고합192
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

Criminal facts

1. Around November 28, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) driven a D-to-bed vehicle at the 60km section from the Defendant’s house located in Goung-gun C with a blood alcohol concentration of 0.142% without a driver’s license on November 28, 2013 to the national highway No. 2 of 1960km from the front day of the Defendant’s house located in Goung-gun, Goung-gun, Gyeongsung-gun, to the national highway No. 30km in 196.

2. On November 28, 2013, the Defendant: (a) driven under the influence of alcohol as stated in paragraph (1) around November 23:25, 2013; (b) stopped a vehicle on the national highway No. 2 prior to the engine stop, which is located in the luxation of the luxan lux in the luxation of the luxical luxan; and (c) in the reverse direction towards the luxan.

The victim E(the age of 44) who is a police officer belonging to the traffic control department of the Mak Police Station tried to drive and patrol the F rocketing car, the traffic patrol vehicle, and to find it out and induce the Defendant to a safe place in order to prevent the accident.

In the idea that the Defendant may undergo an investigation due to drunk driving, while driving the said vehicle by driving it, the Defendant was faced with the above patrol vehicle which the victim drives as it is, with a sudden speed, and the part of the patrol vehicle in front of the Aburged vehicle, which led to three consecutive times after the patrol vehicle.

As a result, the Defendant carried a motor vehicle, which is a dangerous object, interfered with the legitimate execution of duties by police officers concerning the prevention of traffic accidents and guidance and control, and thereby, damaged the victim's inner part that requires treatment for about two weeks, and damaged the above rocketing patrol vehicle used by public offices to repair KRW 3,278,000.

Summary of Evidence

Defendant’s legal statement

G and E, each police statement of the police is investigation report (the screen of the patrol vehicle boomor screen), investigation report (the vehicle photograph driven by the suspect), investigation report (the vehicle photograph driven by the suspect), and the damaged vehicle for investigation report.

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