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(영문) 서울중앙지방법원 2018.08.30 2018고합642
특수공무집행방해치상등
Text

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

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. Around April 17, 2018, the Defendant, who suffered from interference with the performance of special duties, escaped by discovering a police officer controlling drinking while driving a CM6 vehicle in the vicinity of the Samcheon-ro, Seoul Special Metropolitan City, while driving the CM6 vehicle, and threatening to detect the fact of driving his/her drinking.

Accordingly, the Seoul Gwanak Police Station D, which had been on duty in preparation for the escape vehicle at the later place of drinking control, and the situation and situation of the department E, followed the above SM6 vehicle driven by the above SM6 vehicle, and demanded to open the door by discovering the above vehicle which was stopped on another vehicle in front of the Seoul Gwanak-gu in Seoul Special Metropolitan City and moving to the seat of the vehicle.

The Defendant, which neglected and dangerous goods, proceeded to the left-hand side with the driving seat of the said SM6 car, by setting the speed of the said SM6 car, which is a very dangerous object, received the right blue and the right kne part of the said car.

As a result, the Defendant, carrying dangerous objects and assaulted victim E, who is a police officer, obstructed the police officer's legitimate performance of duties concerning the crackdown on drinking, and inflicted an injury on the above victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. On April 17, 2018, the Defendant was under the influence of alcohol level of 0.116% among blood transfusions on April 22:35, 2018, the Defendant driven a CMF6 car from the section of approximately 8.4 km from Yongsan-gu in Seoul Special Metropolitan City to the other south-ro 25 km-ro, Seoul Special Metropolitan City, to the other south-ro, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Notification of the results of regulating drinking driving;

1. Investigation report (person G telephone conversations with him);

1. Application of Acts and subordinate statutes (Evidence 9);

1. Article 144(2) main sentence and Article 144(1), and Article 136 of the Criminal Act concerning criminal facts and the choice of punishment.

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