(영문) 의정부지방법원 2019.01.09 2018고단3792

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(영문) 의정부지방법원 2019.01.09 2018고단3792

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

(a) Article 136 (1) of this Act, Article 141 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the recommended sentence according to the sentencing guidelines] and Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Road Traffic Act]: Traffic crime group: The basic area (aggravating: a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act: (b) and Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravating: a violation of mitigation: a violation of punishment, an aggravated punishment: a driving under the influence of alcohol, a driving under the influence of alcohol, and a January 6) and Article 3 of the Act on the Aggravated Punishment, etc. of Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes). (a punishment for a violation on several occasions before the sentence of imprisonment for one year or more than September 2.]

Nevertheless, it caused an accident while driving in the state of 0.170% alcohol concentration in the second blood, and attempted to flee as it is, and after arrest, the police officer assaulted the police officer, and damaged public goods within the police station even after the arrest of the police officer.

In the obstruction of performance of official duties and the crime of damage to public goods, the attitude and degree of force used by the defendant is serious.

The crime of obstruction of performance of official duties is difficult to exercise the public authority, which is the basis of the rule of law.

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