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(영문) 수원지방법원 평택지원 2013.03.28 2013고단62
공무집행방해등
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

On September 27, 2011, the Defendant received a summary order of KRW 1 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act, and a fine of KRW 3.5 million for a violation of the Road Traffic Act in the above court on December 23, 2011.

1. On December 29, 2012, around 00:00 and around 00:02, the Defendant was subject to enforcement of official duties and the Defendant’s injury on the ground that he was under the influence of alcohol driving from the police officer B, who was the police officer of the Pyeongtaek-gu Police Station, in front of the heung-gu Gyeong-gu Gyeong-gu Gyeong-ri’

The Defendant, upon receiving the demand from the above B for the presentation of driver’s license, assaulted the above B’s right buckbucks by cutting off the B’s right bucks in hand, and cutting down the driver’s license in hand.

As a result, the defendant interfered with police officers' performance of official duties in relation to the prevention, suppression and investigation of crimes, and at the same time, the victim B with multiple scamblings that require approximately three weeks of medical treatment.

2. At the time and time specified in the above paragraph (1) of the Road Traffic Act and the Road Traffic Act (driving without a license), the Defendant driven a Clearning car at approximately 3km section from the front of the branch office of Bhutan located in Pyeongtaek-si and Seo-dong without a driver’s license to the front of the lower end of the land of Pyeongtaek-si, while under the influence of blood alcohol concentration of 0.081%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written statements of D;

1. Statement on the status of a drinking driver, and a statement on the status of a drinking driver;

1. Report on the current status of driving without a license, and the register of driver's licenses;

1. A written diagnosis of injury;

1. Bodily damaged photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act for the crime at issue (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury), Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (the point of harmful driving), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driving).

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