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(영문) 대전지방법원 2019.10.24 2019고합124
특수공무집행방해치상등
Text

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. At around 21:20 on April 17, 2019, the Defendant: (a) driven a car in the B SPP site; (b) tried to drive the two-lane road in front of the Seo-gu Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, along with one-lane, to check the drinking control on the front side of the relevant apartment, while driving the two-lane road from D apartment at an insular speed; and (c) to drive it into the said C apartment with concerns that the drinking control would be discovered; (d) however, the Defendant was demanded from the victim E (50) who belongs to the Seo-gu Daejeon Police Station, which is under the influence of alcohol control.

Nevertheless, the Defendant continued to run the said car, which is a dangerous object without getting off, and received the victim’s left hand part of the said car from the right side of the said car, and suffered injury, such as a dysium and a tension, in the nearest water where treatment for about 10 days is necessary.

Accordingly, the defendant carried a vehicle, which is a dangerous object, interfered with the legitimate execution of duties by police officers on the traffic control of crimes and the prevention of traffic danger, and caused the injury of police officers.

2. Violation of the Road Traffic Act (AF) committed a violation of the Road Traffic Act (AF) at the time and place specified in paragraph (1), by negligence of driving the said vehicle and driving the said vehicle into E and driving the center line, thereby passing the G gate of the victim FF (50 years of age) which was normally operated at a one-lane adjacent to the Defendant’s running direction toward the Defendant’s driving direction, thereby passing over the Defendant’s driving direction to the right side of the Defendant’s driving direction, and, even though the said gate was damaged to the point above, immediately stop the said vehicle and escape without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A reply to a report on the occurrence of a traffic accident, a report on the occurrence of an injury police officer while on duty for drinking control, a report on the actual situation, a written investigation, a written estimate, each medical certificate (Evidence No. 13, 23), an outpatient medical record, and a reply to a fact-finding inquiry conducted on September 20, 2019;

1. Accidents and vehicles.

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