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(영문) 서울북부지방법원 2016.04.08 2016고합3
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 10, 2015, the Defendant: (a) driven a Clearning car with drinking alcohol around 22:16 on November 10, 2015; (b) discovered the victim D (31) who was under the traffic safety direction slope of the Seoul Nowon-gu Police Station, Seoul Special Metropolitan City, Nowon-gu, where he is driving on the front road of the accepted Liber apartment apartment located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and avoided the driving of the said car, thereby driving the said car more than KRW 200 meters.

In addition, when the damaged person demanded the suspension of the vehicle to the defendant by the scacker, the vehicle of the defendant was concealed and stopped after about 40 meters of the defendant's car, but the defendant continued to continue to stop, and the left side of the patrol vehicle was shocked by the defendant's vehicle.

As a result, the defendant carried dangerous objects and interfered with legitimate execution of duties on slope D's drinking control, and the victim suffered bodily injury such as dump, tension, etc. in need of approximately 2 weeks medical treatment.

2. Around the day specified in paragraph 1, the Defendant driven a C-learning car under the influence of alcohol leveling 0.117% from a section of about 13 km to the Dowing Station located in Dobong-gu Seoul Special Metropolitan City, Nowon-gu, to the Dobong-dong road in front of the Dobong-dong in Dobong-gu Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Entry of the master report and the statement of the circumstances of the driver concerned in the master report; and

1. Images of a vehicle, a black stuff image, and a CD (blue video data) image;

1. Application of Acts and subordinate statutes to entries in a vehicle estimate, diagnostic certificate, vehicle driver's license ledger, and vehicle inquiry;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.

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