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(영문) 인천지방법원 2016.03.11 2016고합24
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On August 27, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law at the Suwon Flag Flag Flag on June 27, 2012 and a fine of seven million won for a violation of road traffic law at the Suwon Flag Flag on June 27, 2012. On June 10, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law and two years of suspended execution, and the judgment became final and conclusive on June 18, 2015.

[Criminal facts]

1. On January 3, 2016, the Defendant caused injury to interfere with the performance of special duties, on the road in front of the “D gas station” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and was under influence of 0.136% alcohol concentration in blood while driving Ebeer or car while under influence of 0.136%.

While the Defendant was demanded by F to put the respiratory in a simplified drinking reduction machine, and the pulmonary response was confirmed as a result of the pulmonary measurement, and the Defendant did not get off the vehicle from F to get a demand from F to get out of the vehicle, the Defendant driven the said vehicle as it is, in order to avoid the regulation of drinking, led FF to take about about 10m with the left hand on the window of the driver’s seat while driving the vehicle as it is in order to avoid the foregoing defect in placing the arms with the window of the driver’s seat and to avoid the crackdown on drinking.

As above, Defendant assaulted F using a passenger car, which is dangerous to F, thereby hindering F from performing legitimate official duties concerning the crackdown on drinking by police officers, and thereby resulting in an injury to F, such as knee in salt of the knee part requiring medical treatment for about two weeks.

2. On January 3, 2016, the Defendant is under the influence of alcohol with a 0.136% alcohol concentration in blood without obtaining a driver’s license from the front of an apartment apartment building of the 360-ro, south-gu, Incheon, Nam-gu, Incheon, for about 237 km from the front of the apartment building of the 360-ro, the south-gu, Incheon, to the front road of the 11-8 km, and is under the influence of alcohol with a 0.136% alcohol concentration in blood.

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