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Reasons
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(영문) 수원지방법원 안산지원 2018.04.12 2018고합10
특수공무집행방해치상등
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. On October 28, 2017, the Defendant: (a) was under the influence of alcohol from the E-ray in front of the E-mail located in Sinung City D on October 28, 2017; (b) was set up a Fchip car, which is owned by the Defendant, on the roadway, and was divingd at the driver’s seat; (c) the driver was under the influence of alcohol;

In the vehicle, the 112-report, FM, FM, L(38-S) affiliated with the G District District of the Singu Police Station G District of Singu, dong-dong, sent the Defendant by leaving the windows of the said vehicle, shouldering the Defendant, smelling the Defendant, who is suspected to drive drinking, and instruct the Defendant to have a drinking reduction device at the patrol car to measure drinking, and require the Defendant to set off the said vehicle, which is a dangerous object, but the victim H, who was attached the window of the said vehicle, stated in the instant indictment as “J”, but this appears to be a clerical error.

Around 2-3 meters led to approximately 2-3 meters and exceeded to a multi-road.

As a result, the Defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers on the handling of reports and crackdown on drinking, and caused the victim to suffer injuries such as slocks for two weeks of treatment.

2. On October 28, 2017, the Defendant violated the Road Traffic Act (divated driving) driving a Franchising car under the influence of alcohol with approximately 10km alcohol concentration of about 0.111% from the 10km section to the roads inside the 280 Eart Logistics Center, in cooperation from the franchis site in Ansan-si, Sinsan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each investigation report (including photographs of Nos. 17, 19 and 19 of the evidence list);

1. Notice of the result of crackdown on driving drinking;

1. 112 A list of reported handling;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 144(2) main sentence and Article 144(1), and Article 136 of the Criminal Act concerning criminal facts and the choice of punishment.

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