2013Gohap58 Special Injury or Injury to the Performance of Official Duties, Damage to Public Goods, Road Traffic Act

Violation (Refusal to measure Phonograms)

A

Freeboard Kim (prosecution) and a transmission file (trial)

Attorney B (Korean National Assembly)

July 18, 2013

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Probation shall be issued to the accused for two years and community service for 80 hours.

Criminal facts

1. Injury resulting from special obstruction of performance;

On February 17, 2013, the Defendant: (a) while driving a Cunching car owned by the Defendant on the road in front of the apartment house in the Chuncheon City master’s zone, the Defendant: (b) neglected the order of suspension from E belonging to the Chuncheon Police Station D District where drinking control was conducted; (c) went into the direction of a drinking-free forest in the same Dong despite being ordered by E belonging to the D District of the Chuncheon Police Station where drinking control was conducted; and (d) took the direction of a drinking-free forest in the same Dong on the same day from the slope victim F (the age of 43) belonging to the same district where the Defendant had observed and driven it in the nearby bank at around 23:45 on the same day; (d) was requested by the Defendant to go ahead of the vehicle while driving the vehicle by opening a door in order to avoid drinking control; and (d) caused the injury of the victim by carrying the victim’s left side part of the motor vehicle requiring treatment for about two weeks, thereby interfering with the performance of duties by the Defendant.

2. Damage to public goods and injury caused by special obstruction of performance of official duties;

The Defendant continued to flee to avoid drinking control as stipulated in paragraph (1) above, and was subject to control by the victim H (the age of 43) who was in the position of the Chuncheon Police Station D District Zone, which was driven by the Defendant after getting out a G patrol vehicle from the distance ahead of the oriental medical hospital located in the same Dong on the same day at around 23:47 of the same day.

Since the Defendant waiting for the left-hand turn is the front vehicle in front of the other vehicle waiting for the left-hand turn, the Defendant plucked to the right-hand hand of the said patrol vehicle in a situation where it is no longer possible to escape in the same direction, and proceeded to the right-hand side of the vehicle driven by the Defendant, and caused damage to the above patrol vehicle requiring 469,509 won in repair cost by shocking the left side of the said patrol vehicle and the gate part of the said patrol vehicle, and causing damage to the said patrol vehicle, and at the same time, suffered injury to the above victim aboard the said patrol vehicle, who was on board the said patrol vehicle for about two weeks medical treatment. Accordingly, the Defendant shicked the patrol vehicle used by the public office, thereby damaging public goods, carrying a dangerous object, obstructing the police officer’s legitimate performance of duties concerning drinking control, thereby hindering the public official’s injury.

3. Violation of the Road Traffic Act;

On February 17, 2013, the Defendant was controlled by the above H on February 23:47, 2013, and responded to voluntary driving from the distance ahead of the oriental medical hospital in the master’s degree road of Chuncheon to the front road of the Ebergin Hain Hain in the same Dong, and the Defendant was demanded from the above H and F to comply with the drinking measurement by inserting four times in a manner of inserting the whole breag into a drinking measuring instrument four minutes from around 23:55 of the same day to around 30:34 of the following day, on the ground that there is a reasonable ground to recognize that the Defendant was driving while under the influence of alcohol, such as smelling and smelling on the face, making the breag, etc.

Nevertheless, the Defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for drinking-free measurement

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A report on the de facto statement of a driving under the influence of alcohol;

1. Notification of the results of the crackdown on drunk driving, use of a drinking measuring instrument, offender treatment register, and inquiry into the results of the crackdown on drunk driving;

1. On-site and photographs of damaged parts;

1. Each written diagnosis;

1. Written estimate;

Application of Statutes

1. Article applicable to criminal facts;

Articles 144(2) and (1), 136(1) of the Criminal Act (a) of the same Act, Article 141(1) of the Criminal Act (a) of the same Act, Article 148-2(1)2 of the Road Traffic Act (a) of the same Act, Articles 148-2(1) and 44(2) of the Road Traffic Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (trades between the crime of damaging public goods and the crime of causing bodily injury to the victim H by special obstruction of performance of official duties, and punishment provided for in the crime of causing bodily injury to the victim H by special obstruction of official duties, which is more severe

Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act (Refusal of measurement)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Crimes concerning Injury resulting from Special Obstruction of Performance of Official Duties against Victims H with the largest punishment) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing);

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances required for sentencing):

1. Probation and community service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The legal applicable range of sentencing

From June to June 22

2. Reference sentencing criteria;

(a) Crimes for which the sentencing criteria are set (the crime of causing bodily injury to the execution of special duties by Article 1 on the market);

[Determination of Punishment] Injury or injury caused by the obstruction of performance of official duties by special obstruction of official duties

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

(b) Offenses for which the sentencing criteria are not set;

1) The crime of causing bodily injury to the obstruction of the performance of official duties by Article 2 of the holding (the sentencing criteria shall not apply to the concurrent crimes) (the decision of the type of the obstruction of official duties shall be made).

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

2) The lower limit between the crimes for which the sentencing criteria are set (the crime of causing the obstruction of performance of a special duty set forth in No. 1 at the market) and the crimes for which the sentencing criteria are set (the violation of the Road Traffic Act at the market) is set according to the lower limit of the sentencing range set

3. Determination of sentence;

Although the defendant had been punished for the violation of the Road Traffic Act, he re-driving again after driving a motor vehicle, and refused to comply with the measurement of the police officer's drinking, interfered with the police officer's performing duties of measurement of drinking and suffered injury to the police officers, so there is no possibility of criticism.

However, the punishment as ordered shall be determined by taking into consideration the following circumstances: the defendant confessions the crime and reflects the defendant; the defendant has no record of criminal punishment except for a fine of 1.5 million won due to a drunk driving in 2007; the vehicle is covered by a comprehensive motor vehicle insurance; the victim's damage level is relatively heavy; the defendant deposited 50,000 won for victims; and other circumstances that serve as conditions for sentencing, such as the defendant's age, character and conduct, and environment.

The presiding judge, judges and assistant judges

Judges, Superintendent of the National Assembly

Judges Kim Gin-ju

1) Among the facts charged, 1-B and 2-2 are in a commercial competition relationship, so criminal facts were arranged ex officio.