2013 Highly 884 Special obstruction of Performance of Official Duties, Injury to Public Articles, Road Traffic Act

Violation (Drinking) and Violation of the Road Traffic Act (Drinking without Permission)

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Residence

Reference domicile

The gardening (prosecutions) and the last executive officer (public trial)

Article 000 (Court-Appointed Ship)

November 19, 2013

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

Facts of crime

1. Violation of the Road Traffic Act (Driving without Permission) and the Road Traffic Act (Driving without Permission);

On April 23, 2013: 17:48, the Defendant: (a) around 17:48; (b)* the Gu** the Gu** the Gu** the Gu** in Seoul**** the Gu****** the Gu *** 00 under the influence of alcohol without a driver’s license on the section of about 10km up to the road front of the church, while under the influence of 0.146% of blood alcohol concentration without a driver’s license *** 0* * * a high-speed car.

2. Injury by special obstruction of performance of official duties or damage to public goods;

Around that time, the Defendant ** * The above-mentioned frighter of Seoul* Police Station * (the age of 38) Police Station * (the age of 38) the head of the police station * the head of the police station * * the head of the police station * the head of the police station * * the head of the police station * * the head of the police station * * the head of the police station * * the head of the police station * * the head of the police station * the head of the police station * * the head of the police station * * the head of the police station * * the head of the police station * * the head of the police station *

As a result, the Defendant damaged the front penter, etc. of the above patrol vehicle, which is a public object, to maintain the repair cost of KRW 290,276, and carried a dangerous object, and interfered with the legitimate execution of duties by carrying a dangerous object * The above son * the above knife and the knife in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness hand*, ship* each legal statement of *

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The appearance and side of the suspect in cases where the drafting is made with water before the scene, vehicle photograph, vehicle photograph, and drinking;

Application of the Acts and subordinate statutes on photographs, registers of car driving licenses, diagnostic certificates, and vehicle repair estimates to photographed drinking water;

1. Article applicable to criminal facts;

Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license), the main sentence of Article 144(2), Articles 144(1), 136(1) (the point of causing special obstruction of performance of official duties) of the Criminal Act, Article 141(1) of the Criminal Act (the point of causing damage to public goods)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crimes of violation of each Road Traffic Act, the punishment for the crimes of violation of the Road Traffic Act with heavier punishment, the punishment for the crimes of causing bodily injury to the special obstruction of performance of official duties, the crimes of causing bodily injury to the public goods, and the punishment prescribed for the crimes

1. Selection of punishment;

Election of imprisonment for a crime of violation of the Road Traffic Act (driving)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each crime)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Reasons for sentencing: Imprisonment with prison labor from June to June 15;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing Criteria for the crime of causing bodily injury to special obstruction of performance;

[Determination of Type] The obstruction of Performance of Official Duties, Death or injury caused by special obstruction of public duty, and injury caused by special obstruction of public duty (Type 1)

[Scope of Recommendation] Basic Field, 2 years to 4 years

(b) Sentencing criteria for the crime of damaging public goods;

[Determination of Type] obstruction of Performance of Official Duties, Invalidity and Destruction of Public Articles, and Invalidity of Public Articles (Type 1)

[Special Aggravationd ] Aggravationd : The case of showing the power of an organization or multiple groups or carrying dangerous objects

[Scope of Recommendation] Aggravation, 1 year to 4 years. There is no sentencing guidelines for the remaining crimes and for the treatment of commercial concurrence.

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

Although the defendant had previously violated the Road Traffic Act, he again drives the vehicle under the influence of alcohol or without a license even though he had previously been in violation of the Road Traffic Act, leading to the crime of this case, and it is very unfavorable that the damage was not recovered: Provided, That in consideration of the degree of injury suffered by the police officer or the fact that the physical damage was not so significant, the punishment shall be determined

Justices Kim Jong-soo

Judges Training Sub-Appellant

Judges Kim Gin-sus