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(영문) 대구지방법원 포항지원 2013.12.16 2013고합102
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. Around 00:20 on November 17, 2013, the Defendant: (a) was driving a car E in front of the “D” store located in Yong-gu, Nam-gu; (b) while driving a car on the road, the Defendant was suffering from the injury of the victim, such as an open wound of knee in need of two weeks of treatment, who was under the influence of drunk driving by a slope F (45 years of age) belonging to the Korea Coast Guard who was under the influence of drinking so as to avoid drinking by the Defendant; (c) was trying to open the vehicle of driving while demanding the vehicle; (d) the victim was frighted to 10 meters of the car in turn; and (e) the victim was hicked with approximately two weeks of the car.

Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of duties by police officers, thereby causing the injury of police officers.

2. On November 17, 2013, from around 00:10 to 00:25, the Defendant used “D” roads in front of the port bus terminal located in the south-gu Yan-gu Yan-dong at port from the front of the port bus terminal at the port of port to the front of the river of the river tunnel located in the flow-based Yan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and operated a E-R car under the influence of alcohol concentration of 0.05%, while under the influence of alcohol concentration of 0.05%.

【Each Facts of No. 1 at the Time of Sales】

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (as to the attachment of photographs about the degree of damage caused by the victim slopeF, and the attachment of a medical certificate) (as to the facts of Article 2 on the market);

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act (driving) and reporting on the state of driving under the influence of alcohol;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of the Criminal Act and Articles 144(2) and (1), 136(1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 144(2) and (1), 148-2(2)3, and 44(1) of the Road Traffic Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37 and Article 38 (1) 2 of the Criminal Act shall be heavier than that of causing bodily injury resulting from the obstruction of performance of official duties;

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