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(영문) 수원지방법원 평택지원 2016.09.21 2016고합97
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

The Defendant is a person engaging in driving a car at a horse at C.

On August 9, 2016, the Defendant found the police officers E, etc. belonging to the D department of the Gyeonggi-gu Police Station D, which was under the influence of alcohol control, while driving a vehicle while under the influence of alcohol from the 1194 0.124% of alcohol during the blood from the 1194 Scam Scam, according to the 13:30 on August 9, 2016, and proceeded to the opposite direction to change the operational direction of the damaged vehicle, while receiving a request for stop from the police officer E, the Defendant refused to comply with the request, driving of the vehicle, which is a dangerous and dangerous object, and impacted on the right side and bridge of the police officer E, by driving the vehicle.

As a result, the Defendant driven a car while under the influence of alcohol and obstructed the police officer's performance of duties on regulating driving of alcohol by carrying dangerous objects, and thereby inflicted an injury on the police officer, such as a slick dump for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on the situation of driving at home, a report on the statement of the fact of correction made at home, and a report on the result of regulating drinking driving;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(2) and (1), 136(1) (a) of the Criminal Act concerning the selection of punishment for the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the crimes of injury resulting from disturbance in the execution of special duties with heavy punishment and the punishment as provided for in each of the above crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period of one year and six months from June to fifteen years; and

2. Scope of the recommended sentencing criteria; and

(a) interference with the performance of special duties [decision of type]; interference with the performance of public duties; interference with the performance of public duties; interference with the performance of special duties; interference with the performance of public duties; interference with the performance of public duties; and type 1 (Bodily Injury resulting

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