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(영문) 창원지방법원 2017.07.12 2017고단1784
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

1. On April 6, 2017, Defendant 1, without a driver’s license, driven a Cbenz car in a section of about 2 km from the road front of the window B located in the Changwon-si, Changwon-si to the 320 Simn-si located in the 320th (members, Dong-dong), according to the vehicle’s driver’s license.

2. The Defendant interfered with the performance of special official duties, as above, was driving as above, while driving at the window of the Changwon city, proceeded to cross-section by violating the signal on the front road of the apartment house, and was exposed to the E (24) et al. belonging to the police box of the Changwon Police Station of the Changwon, who followed the Defendant’s car and controlled traffic.

Although the above E demanded the suspension of the Defendant to a scacker in the patrol vehicle, the Defendant did not comply with the request to stop driving without a license, and escaped on April 6, 2017, around 13:27, the Defendant was unable to continue driving in front of the G cafeteria located in the G cafeteria located in the window of Changwon-si, Changwon-si.

The defendant does not open a car door and does not comply with a request for presentation of a driver's license, and the defendant started a car driving in front of a car and used E to turn off and assault E.

Accordingly, the defendant carried a dangerous object, and interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions of the Act and Articles 152 subparagraph 1, 43 (Unlicensed Driving and Fines) of the Road Traffic Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act (special obstruction of performance of public duties, and punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order interferes with the execution of official duties, i.e., the basic aggravation of the classification of types, between August and June 1 to June 4 years, respectively.

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