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(영문) 수원지방법원 평택지원 2017.11.24 2017고합138
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant was under the influence of alcohol by 0.106% during blood transfusion without a driver’s license, from around 20km-si to the front side of the Sungdong-si University located in Seongbuk-gu, Seongbuk-do, Sung-do, Sung-do, Sungdong-si, to drive a cub-si car under the influence of alcohol with approximately 20km alcohol concentration of about 0.106% without a driver’s license.

2. On September 23, 2017, the Defendant: (a) obstructed the performance of special official duties; (b) on the front and rear door of the Pyeongtaek-si University at Pyeongtaek-si; and (c) on the road, “the driver is working on the road,” the Defendant instructed the victim E (25 years) of the Pyeongtaek-gu Police Station D police box, who was called out after receiving 112 a report, to have the Defendant sculed in the driver’s seat of the said vehicle and to have the Defendant sculed, and to have the Defendant sculed, checked the said vehicle, which is a dangerous object for the purpose of avoiding the alcohol measurement; (c) proceeded with the said vehicle, which is a vehicle at the driver’s seat of the said vehicle, with approximately three to four meters moving the son and going beyond the bottom of the said driver’s seat; and (d) took the victim’s left side of the said vehicle beyond the rear wheels of the said vehicle’s driver’s seat.

As a result, the defendant carried dangerous articles and interfered with the legitimate performance of duties of police officers in criminal investigations, and caused the injury to the victim, such as the left-hand salt, the left-hand salt, and the left-hand seat in need of medical treatment for about three weeks.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Report on circumstances of driving without a license, notification on the results of regulating drinking driving, and application of Acts and subordinate statutes;

1. The main sentence of Article 144(2) and Article 144(1), Article 136(1) (a) of the Criminal Act related to the crime, Article 148-2(2) and 2, and Article 44(1) (a) of the Road Traffic Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning the crime;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.

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