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(영문) 광주지방법원 2016.01.22 2015고합441
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2015, the Defendant violated the Road Traffic Act (divated driving) driving C Costa Car at a section of approximately 650 meters alcohol concentration from the front of an recognized village restaurant located in the Gyeongdong-dong at the Gyeongdong-si to the front of the Kapo Center located in the same Simdong-dong at the same time, while under the influence of alcohol content of about 0.126%.

2. On October 6, 2015, the Defendant: (a) discovered that the Defendant was driving a drinking alcohol as stated in paragraph (1) on the front side of the dispatching-ro apartment house 105, which was in the dispatching-si-dong on February 6, 2015, and was flying along the opposite lane, while driving the drinking alcohol on the front side; and (b) was flying along the opposite lane; and (c) observed the place.

B. Although the state police station D's slope E was demanded to stop the said vehicle, E was pushed ahead with the vehicle, but E continued to drive the said vehicle and cut the key of the vehicle. However, E continued to drive the vehicle at a level of 20 meters as it is on the vehicle, while E was about to take the vehicle driving stand and deduct the key of the vehicle.

As a result, the Defendant carried a dangerous object, interfered with the legitimate performance of duties by police officers E in regulating driving of alcohol, and thereby, the Defendant suffered injury to the left part of the trees requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act concerning the crime, the main sentence of Article 144(2), Articles 144(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 aggravated punishment shall be aggregated to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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