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(영문) 인천지방법원 2020.11.13 2020고합417
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

Punishment of the crime

To the extent that there is no risk of actual disadvantage to the defendant's exercise of the right of defense, part of the facts charged was appropriately revised.

[Criminal Justice] On April 1, 2020, the Defendant filed a summary order on April 10, 2020 with the Incheon District Court for a violation of the Road Traffic Act (driving) and received a fine of five million won in the above court on September 3, 2020.

【Criminal Facts】

1. On April 26, 2020, the Defendant injured by a special obstruction of performance of official duties stated “I” in the bill of indictment in front of the “Criju station” located in Seo-gu Incheon, Seo-gu, Incheon. However, this is obvious that it is a clerical error, so it is corrected as above.

In order to avoid the control, it discovered the border F belonging to the Incheon Western Police Station E-police Station, which was under the influence of drinking driving while driving a low-speed car, and escaped while driving the road along the central line to avoid the control.

However, when the Defendant came to a road in front of the “H station” located in the same Gu G, the Defendant was unable to flee any longer by blocking the “K7” passenger car length on the number plate, and the HHF, which followed the Defendant, notified the Defendant of the violation of the Road Traffic Act and demanded the Defendant to present his driver’s license.

However, the Defendant: (a) reported that the said “K7” car that prevented the front door of a horse was departing from the said “K7” car; (b) tried to get on the front door of the “high door” car and run back again without opening the door; and (c) accordingly, the Defendant demanded a vehicle to set the window on the front door of the said “high door” car with the left hand, and to regulate drinking driving.

Nevertheless, the Defendant, as seen above, driven the above “high-est” car, which is a dangerous object in the state where F is carrying a reading center, and escaped in the process of driving the horse F with approximately 10 meters away, thereby leaving a reading center, thereby making it necessary for him to receive approximately 6 weeks’ medical treatment.

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