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(영문) 전주지방법원 2017.05.12 2016고합250
특수공무집행방해치상등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2016, the Defendant: (a) driven a e-learning car under the influence of alcohol content of about 0.073% at a section of about 100 meters in front of the D cafeteria located in the Jinjin-gu sand market at Jeonjin-gu, Seoul; (b) around July 20, 2016, the Defendant driven a e-learning car under the influence of alcohol content of at least 0.073% in front of the D cafeteria located in the same Gu.

2. On July 20, 2016, the Defendant: (a) as indicated in paragraph (1) around 21:40 on July 20, 2016, the Defendant: (b) started the above vehicle while temporarily stopping after receiving a stop signal from G (42 years old); (c) started the above vehicle while driving the said vehicle, which is a dangerous object under the influence of alcohol, from the boundary of the sand market to the D cafeteria; and (d) started the vehicle at the front side of the sand market; and (c) started the vehicle at the front side of the sand market; and (d) started the vehicle at the front side of the said police station to stop the vehicle at the rear side of the crackdown on drinking; and (d) proceeded with the right side of the said G head by shocking the front side of the said vehicle; and (d) obstructed the victim’s legitimate performance of duties by regulating drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G, H and I;

1. Written Statement;

1. Each investigation report, internal investigation report, and traffic accident report;

1. A written diagnosis and a written confirmation of hospitalization;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(2) and (1), 136(1) (a) of the Criminal Act concerning the selection of punishment for the crime, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed) for concurrent crimes.

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