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(영문) 창원지방법원 2017.08.17 2017고합129
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On April 14, 2008, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a violation of the Road Traffic Act (drinking driving), and on April 4, 2016, a fine of KRW 2,00,000 from the Changwon District Court to a violation of the Road Traffic Act (drinking driving), respectively.

On May 29, 2017, at around 23:50, the Defendant driven a vehicle of 1km from before the 7th apartment of the Kimhae-dong, Kimhae-dong to the road in front of the 7th apartment of the Kimhae-dong, Kimhae-dong, Kimhae-dong, with approximately 0.160 percent alcohol concentration during blood while under the influence of alcohol.

2. On May 29, 2017, the Defendant: (a) was driving a hurfed vehicle in front of the Kimhae-ro 245, Kimhae-ro, Kimhae-ro, Kimhae-ro, while working on the road in front of the Kimhae-ro 245, and was requested by the victim slope E (34 years) belonging to the police station in the city where he was working for regulating the operation of the vehicle at the above location; (b) as a result of a drinking test, the Defendant was aware of the fact that the hurf was discovered, and the victim requested the hurf, knowing the fact that the hurf was caused by the hurf's loss of the hurf driver's hurf in the right hand, but was aware of the fact that the hurf was caused by the hurf's loss of the hurf in the above vehicle, and caused the hurth and the third loss of the hurf at that time.

As a result, the Defendant interfered with legitimate execution of duties on the prevention and suppression of crimes by the victim who is a police officer using a dangerous object, public peace and order maintenance, and at the same time, the victim was the second, third, the number of days of treatment to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Investigation report (attached a diagnosis report by a police officer responsible for damage and a photograph of the upper body of his/her fingers) and attached documents;

1. Judgment.

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