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(영문) 수원지방법원 성남지원 2019.01.24 2018고합175
특수공무집행방해치상
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 8, 2018, the Defendant driven a B-P car on August 00:28, 2018, and was under the influence of drinking control from police officers belonging to the G, while driving the D-C distance in front of the D-C hospital located in Sungnam-si, Chungcheongnam-si, from the side of the E-building to the F-C hospital at an insular speed according to one-lane of the two-lanes.

The Defendant, while making a signal at the front direction of the running direction, proceeded as it was without disregarding the fact that H was under the influence of alcohol control, and again, the Defendant continued to keep the speed of a vehicle, which is a dangerous object, in order to escape from the crackdown, even though I scam scam and re-stoped a stop signal, and received the right side of the Defendant’s left side side of the vehicle by the auxiliary police officer I, who scam kne, scam, scam, scaming the light wing at the left side of the Defendant’s vehicle and sending the stop signal.

Accordingly, the defendant, by carrying a dangerous object and assaulting an auxiliary police officer I, interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking driving, and thereby, he suffered injury such as a fluoral mar on the side of the Dosle, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Examination protocol of the accused by prosecution;

1. The police statement to I and J;

1. Reports on internal investigation (referring to reports on internal investigation, such as the victim's counterpart internal investigation, the results of specific inquiry into suspected vehicles, etc., investigation into the suspect's residence, and the results of search of the suspect);

1. Investigation report (in relation to the suspect's voluntary attendance and emergency arrest, attaching, etc. a document of victim's diagnosis to the on-site black image and a photo of B vehicle operated at the time of the suspect);

1. On-the-spot map of traffic accident, designation mark of non-traffic, capture photographs of CCTV video recording materials, video CDs, general diagnosis certificates, copies of medical record certificates, diagnosis reports, etc., traffic accident reports (1) and (2) of the Act and subordinate statutes shall apply.

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