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(영문) 서울남부지방법원 2018.05.17 2018고단1205
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around 19:55 on February 21, 2018, the Defendant: (a) was drunkly driving a vehicle from Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, 171, 171, and 8 on the road in front of the exit of 2018, and (b) was under the influence of alcohol, and (c) was under the influence of the vehicle from the victim E (21 years of age) on the top of the fourth dong company affiliated with D company of the fourth dong company dispatched to the site after receiving an accident report; and (b) the Defendant expressed the victim E’s desire to “this son, spaws,” and the victim’s right buck with the left hand, buck the victim’s left part, three times, and b) was under the influence of the victim’s chest by assaulting the victim’s chest on two chests.

Accordingly, the defendant interfered with legitimate execution of duties by police officers concerning traffic accident handling.

"2018 Highest 1424"

1. Around February 19:36, 2018, the Defendant was driving a BA-purd motor vehicle under the influence of alcohol concentration of 0.143% in blood while under the influence of alcohol at approximately 750 meters in the section from 71 of Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu to 8 in the same river route from 45Dao-ro, Gangseo-gu, Seoul to 173 Garo, the same river route.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving a motor vehicle turfed at the same time and at the same place. At that time, Crocketing motor vehicle driven by the victim F (C) was stopping in accordance with signal apparatus’s red suspension signals.

Any person who is obliged to drive a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and even if considering the fact that the motor vehicle is to drive due to extremely unavoidable circumstances, he/she shall not drive the motor vehicle under the influence of alcohol, which is absolutely difficult to drive due to influence of alcohol.

In addition, even if it is inevitable to drive a vehicle due to extremely inevitable circumstances, a person who drives a vehicle like the defendant at the time operates the brake accurately and reduces the speed by reducing the speed.

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