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(영문) 의정부지방법원 고양지원 2019.10.08 2019고합188
특수공무집행방해치상
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2019, the Defendant was driving a B rocketing car on March 10, 2019, and was driving the front-way road in Yongsan-gu C at the Goyang-dong, Mangyeong-si, from the long-term navigation distance protection to the long-term navigation air defense area, the Defendant was under the control of drinking driving from E, an auxiliary police officer belonging to the Busan East Police Station, who is an auxiliary police officer belonging to the Busan East Police Station.

While the Defendant opened a driver’s seat window in the process of regulating drunk driving, and was measured by drinking alcohol from the above E, the Defendant: (a) was able to have a sound from the alcohol reduction machine to “scam from the level of scam,” and (b) had the above E’s scam on the side of the driver’s seat; (c) had the said scam car, which is a dangerous object, rapidly emitted from the vehicle, and had the said scam go beyond the floor of the said E due to its shock.

As a result, the Defendant carried a motor vehicle, which is a dangerous object, interfered with the legitimate performance of duties by police officers concerning the measurement of drinking, and caused the above E to suffer injury, such as a satisfaction hall, a trine salt, which requires treatment for about three weeks.

Summary of Evidence

Defendant’s legal statement

E and F’s written diagnosis of each police officer’s written statement of intent to make a traffic accident inspection report, investigation report on traffic accident occurrence report (including documents attached thereto for on-site CCTV, suspect drinking alcohol), AVNI video data, and the reason for sentencing under Article 144(2) main sentence of Article 14(1), Article 136(1), Article 53 and Article 55(1)3 of the Criminal Act for the crime subject to discretionary mitigation of punishment under Article 53 and Article 62(1) of the Act on the Suspension of Execution (including for the following reasons for sentencing), Article 62(1) of the Criminal Act for the probation order and Article 62(1) of the Act on Probation, etc.

1. One year and six months to fifteen years from the date of imprisonment with prison labor within the applicable range of punishment by law;

2. The scope of recommendations according to the sentencing criteria (the determination of types of obstruction of performance of official duties).

3.Death or injury resulting from a special obstruction of public duties [Article 1] - Injury or injury resulting from a special obstruction of public duties (person with a special punishment];

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