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(영문) 창원지방법원 통영지원 2020.04.14 2019고단1327 (1)
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 22:12 on September 19, 2019, the Defendant: (a) discovered a police officer who was under the influence of alcohol while driving the stove (124C) on the stoves underground streets of the stoves of Stoves of Stoves located at Stoves of Stoves of Stoves of Stoves; (b) continued to escape from the police officer, and (c) tried to pass again through the stoves underground streets of the stoves of Stoves of Stoves on the same day when he/she tried to pass again on the stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves of Stoves; and (c) went to the left after leaving the stoves of C as is.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties such as drinking control by police officers.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of non-registered 124c deldelora.

No owner of an automobile shall operate an automobile which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to photographs related to traffic accidents (D building ELV and entrance images and stophographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 144(1) and 136(1) of the Criminal Act that prescribes the choice of punishment (special obstruction of performance of official duties), Articles 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the extent that the punishment is added up the maximum term of two crimes concerning special obstruction of performance of official duties prescribed by the same Act);

1. Article 62(1) of the Criminal Act of the suspended execution;

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