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(영문) 서울남부지방법원 2015.01.30 2014고합148
특수공무집행방해치상
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 18, 2014, at least 23:35, the Defendant: (a) driven Gbeer or car on the front of the Guro-gu Seoul Metropolitan Government F; (b) was subject to drinking control from H around the seat of the Seoul Guro-gu Police Station where the driving of Gbeer or car was under the influence of alcohol at that place; and (c) was under the influence of alcohol so as to avoid the crackdown on drinking; and (d) neglected these stop instructions in order to avoid the crackdown on drinking of a person who was demanded to stop the vehicle to measure the respiratory level; and (c) took steps to avoid the crackdown on drinking; and (d) even though the said H puts the hand into an open door of the driver’s seat for the measurement of drinking alcohol, the Defendant continued driving a

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in uniform by assaulting the H using the above bee or car, which is a dangerous object.

2. The Defendant and his defense counsel’s assertion that they had escaped by neglecting the H’s demand for stopping in order to avoid drinking alcohol, leaving the vehicle as it is, and did not assault H and did not intend to do so.

3. The judgment is based on the evidence duly adopted and examined by this Court, and in particular, the images stored in the black box of the cab immediately following the Defendant’s vehicle at the time of the instant case.

According to the above, the following: ① The developments during which drinking control was conducted are proceeding slowly by the vehicle ahead of it.

정차한 피고인의 차량 앞으로 다가와 음주감지기를 들이 댄 사실, ② 피고인이 음주감지기를 부는 것과 동시에 차량의 속도를 높여 진행하기 시작한 사실 H은 증인으로 출석하여 음주감지기에서 삑소리가 나는 순간 피고인이 가속페달을 밟았다는 취지로 진술하였다. ,

③ H needs to stop and stop an open door on the side of the Defendant’s vehicle, and the degree of 5 to 10 meters (a white-ray two partitions) is driving away. The Defendant is a police lane in the vicinity of the drinking control place in which the Defendant did not drive the vehicle longer than the speed of the vehicle and stopped in and around the drinking control place.

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