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(영문) 창원지방법원 마산지원 2013.11.13 2013고합69
특수공무집행방해치상등
Text

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

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

Reasons

Punishment of the crime

1. On August 9, 2013, the Defendant violated the Road Traffic Act, around 02:20, driving CM5 automobiles under the influence of alcohol alcohol concentration of about 0.079% at the section of approximately three kilometers from the street in front of the frequency in the trade name and aesthetic atmosphere of fish markets located in the male Dong-dong, Simsan-si, Simsan-si, Simsan-si, Simsan-si to the public parking lot located in the same city.

2. At around 02:20 on August 9, 2013, the Defendant: (a) while driving CM5 car under the influence of alcohol on the road in front of the Madern-dong, Changwon-si, Changwon-si; (b) sought to flee by discovering police officers who control drinking; (c) the Defendant was under the influence of alcohol from D (the age of 19) who is a police officer and the victim, the police officer of the Gyeongnam Provincial Police Agency and the police officer of the Gyeongnam Provincial Police Agency. (d) the Defendant was under the influence of alcohol, while driving the CM5 car under the influence of alcohol on the road in front of the Madern-dong, Changwon-si, Changwon-si; (b) the Defendant was under the influence of the said car, and was under the control of D (the age of 19) who is the victim.

이로써 피고인은 위험한 물건을 휴대하여 경찰관의 음주단속에 관한 정당한 직무집행을 방해하고, 피해자에게 약 3주간의 치료가 필요한 발목 및 발부분의 으깸 손상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. E statements, police statements of D;

1. Application of Acts and subordinate statutes to written reports and diagnosis reports on drivers;

1. Relevant Article of the Criminal Act, the proviso of Article 144 (2) and Article 144 (1), Article 136 (1) of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking driving and the choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Concurrent Crimes within the scope of adding up the long-term punishments of the crimes causing serious obstruction of performance of special duties to the punishment prescribed by the aforesaid Articles) of the Criminal Act;

1. Discretionary mitigation Criminal Act;

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