(영문) 서울중앙지방법원 2014.5.29. 선고 2014고합388 판결

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

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

Reasons

Criminal facts

【2014Gohap388】

On February 26, 2014, at around 00:10, the Defendant was driving a motor vehicle under the influence of alcohol on the roads of Seocho-gu Seoul, Seocho-gu, Seoul, 337-ro 70-ro, Seocho-gu, Seoul, and stopped the said motor vehicle on the side before the direction of the driving. A police officer, who discovered it, tried to flee again, but the police officer failed to continue to run again, and subsequently stopped.

Accordingly, the Seoul Seocho Police Station notified the victim D, the superintendent of the traffic safety division belonging to the Seoul Seocho Police Station, that the driver knife knife knife knife knife knife knife and the window knife knife knife knife knife knife knife knife.

As a result, the defendant carried a dangerous object, interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking driving, and caused the victim to suffer injury such as the right generation on the right edge of the treatment days.

(2014 Gohap598)

On February 26, 2014, the Defendant was under the influence of 00:23% of blood alcohol concentration of 0.16%, and the Defendant driven a Cchier car in the section of about 3 km from the vicinity of the Seocho-gu Seoul Metropolitan Area to the front side of the access road to Seocho-gu Seoul Metropolitan City, Seocho-gu 70-ro, Namnam-ro, Seoul.

Summary of Evidence 2014Gohap388)

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Medical records;

1. A report on investigation (the sequence 5,8 of evidence list);

[2014Gohap598]

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

Application of Statutes

1. Relevant statutory provisions concerning crimes causing bodily injury resulting from the obstruction of performance of special duties: Articles 144 (2) (main sentence) and (1), and 136 (1) of the Criminal Act;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

2. Selection of punishment;

In the case of the crime of violation of the Road Traffic Act in the judgment, as long as the defendant requested a formal trial after being notified of a summary order of a fine of KRW 4 million for the crime in this part, the above summary order pursuant to Article 457-2 of the Criminal Procedure Act may not be sentenced more severe than the punishment of the above summary order. Therefore, the criminal facts in this part shall be selected from among the imprisonment and the fine.

3. Punishment for concurrent crimes;

The former part of Article 37 and Article 38(1)3 of the Criminal Act

4. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act concerning the crime of bodily injury resulting from the obstruction of the performance of special duties in the judgment (the following sentencing grounds shall be taken into consideration);

5. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

6. Suspension of execution;

Articles 62(1) and 62(2) of the Criminal Act (hereinafter the following grounds for sentencing has been considered as normal for more favorable reasons)

Reasons for sentencing

1. The scope of punishment;

(a) Crimes of causing special obstruction of performance of official duties: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

(b) A crime of violation of the Road Traffic Act: A fine of not less than three million won but not more than four million won (the upper limit of fines prescribed for a crime of violation of the Road Traffic Act at the time of the market) shall not exceed five million won, or a fine of not more than four million won after being notified of a summary order on the crime of violation of the Road Traffic Act at the time of the market, as seen earlier, if the defendant requested a formal trial after being notified of the summary order on the crime of violation of the Road Traffic Act at the time of the market, the upper limit of fines for the crime of violation of the Road Traffic Act at the ruling shall not exceed four million won, which is the amount of fine under the above summary order pursuant to

2. Application of the sentencing criteria;

[Offense subject to Application] Injury resulting from Special Obstruction of Performance

[Determination of Punishment] Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty) for Crimes of Obstruction of Official Duties

[Special Aggravationd Persons] Reductions: Reductions of Punishment, Aggravations: None.

[Recommendation Areas and Penalties] Reduction Areas ( Imprisonment with prison labor for not less than one year and six months but not more than three years);

3. Determination of sentence: Imprisonment with prison labor for a year and six months, two years of the stay of execution and a fine of four million won;

In light of the circumstances unfavorable to the defendant, the defendant's driving of a motor vehicle in the state of drinking is not in compliance with the crackdown on lawful drinking driving by police officers, and was inflicted an injury on police officers by using a motor vehicle which is a dangerous object while attempting to flee, and thus, the nature of the crime is extremely poor. The crime of this case is a serious crime that may cause serious danger to the life and body of police officers who are victims, and at the same time, it is very important for public interest to prevent recurrence through strict punishment.

On the other hand, on the other hand, the defendant seems to have caused the crime of this case by contingently considering the idea that his drinking driving should be discovered, and it was difficult for the defendant to immediately waive his escape and stop his vehicle while leaving about five meters. The victim who is a police officer regulating the crime of this case was faced with the right edge of the treatment days, etc., and the degree of the injury is relatively minor. The defendant has a strong reflectiveness with his depth of the crime of this case, and the victim wanted to use the defendant and want to support his children. The defendant is a first offender. The defendant is a position that the defendant needs to support his children, such as his wife and middle school school children, and elementary school school children, and the defendant has been unable to take over the "F's graduate meeting of outside school students," and the defendant has taken into account the following circumstances, such as the defendant's health and behavior and execution guidelines, and the defendant's specific motive of the crime of this case, the defendant's mental and physical behavior and execution of the punishment of this case, and other circumstances, such as the defendant's mental and physical behavior.

It is so decided as per Disposition for the above reasons.