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(영문) 서울중앙지방법원 2017.01.26 2016고합1396
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

1. On August 25, 2016, the Defendant was under the influence of alcohol content 0.186% in blood around 00:15 on August 25, 2016, the Defendant driven a new SM5 (D) car from around about 10km to around the new active duty road in Gangnam-gu, Seoul to the front road in Seoul Special Metropolitan City.

2. When any goods are damaged by traffic, such as driving of any motor vehicle in violation of traffic laws on roads, the driver of the motor vehicle shall immediately stop the motor vehicle and take necessary measures;

On August 24, 2016, around 23:55, the Defendant driven the said car while under the influence of alcohol, and stopped for a long time on the grounds that it cannot be known that the bus (F) driven in the same direction on the three-lanes, driving from the direction of the original intersection to the intersection at the entrance of the original intersection, among the four-lanes in Seoul, Gwanak-gu, Seoul Special Metropolitan City E-do, while driving the car at the two-lanes of the road. In the event that the bus (F) driven in the same direction on the three-lanes of the vehicle is changed to the Defendant’s future, the Defendant, while departing from the vehicle to the vehicle, received the bus left part of the bus with the front direction.

As a result, even though the defendant damages the bus to the extent of 1,344,475 won of repair cost, he immediately stopped the bus and escaped without taking necessary measures.

3. No driver of any motor vehicle that violates road traffic Acts shall threaten or endanger any other person, or cause any danger to traffic, by continuously or repeatedly committing any act, such as a violation of signal signal, median line, speed violation, etc., or by continuing or repeatedly committing any one act;

Nevertheless, the Defendant, at around 00:09 on August 25, 2016, in a way that it threatens another person or is in danger of traffic by following the following methods: (a) the Defendant: (b) over 147 km away from the road in Gwanak-gu in Seoul Special Metropolitan City to the road in front of the same Gu, as Paragraph (2) at approximately 1.6 km after the accident, in order to respond to the patrol vehicles dispatched after receiving a report from around 112, while flying; and (c) continuing the operation of the patrol vehicles at right and right and right and right and right and over 150 meters.

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