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(영문) 부산지방법원 2015.02.06 2014고합771
특수공무집행방해치상등
Text

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

Reasons

Punishment of the crime

On July 17, 2014, at around 01:58, the Defendant was required to move the said car to three-lanes for the purpose of measuring the exact alcohol level from the victim F (the age of 46) who is a police officer of the Busan East Police Station E-gu, Busan Police Station E-do, where the drinking control was conducted, while driving a Da SM5 car along two-lanes in front of the Mancuk-gu, Busan.

It is difficult to see the fact that the Defendant driven the said car in drinking condition, driving the said car as it is, driving the car, driving the car on the right side of the driver's seat of the said car with the damage of the said car, leaving the said car into three-lanes, leaving the victim behind the driver's seat of the said car, leaving the vehicle into the road, leaving the road, leaving the victim away, and failing to comply with the police officer's request for a drinking test without justifiable grounds. The Defendant interfered with police officer's legitimate performance of duties by using the said vehicle, which is a dangerous object, and thereby, the victim led the victim to go beyond the road as above, resulting in approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident actual condition survey report and a diagnosis report;

1. Application of Acts and subordinate statutes of each internal investigation report (the Nos. 5 through 9, 12, and 13 of the evidence list), investigation report (the No. 18 of the evidence list);

1. Relevant statutory provisions concerning criminal facts, the main sentence of Article 144(2) and Article 144(1) of the Criminal Act, and Article 136(1) of the Criminal Act (the act of causing obstruction of performance of official duties), Article 148-2(1)2 of the Road Traffic Act, Article 44(2) of the former Road Traffic Act (amended by Act No. 12917, Dec. 30, 2014; the choice of imprisonment)

1. Of concurrent crimes, the prosecutor prosecuted the above two crimes as an ordinary concurrent crimes, but unlike the crime of injury resulting from the obstruction of performance of official duties, unlike the crime of injury resulting from the obstruction of performance of official duties, the crime of violation of the Road Traffic Act (Refusal of measurement) is related to the violation of the duty to act,

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