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(영문) 수원지방법원 평택지원 2013.08.07 2012고합357
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

Punishment of the crime

1. On September 27, 2012, the Defendant injured by the obstruction of performance of official duties: (a) while driving a DNA car on the street in front of the camping distance located in the front of the camping range, the Defendant: (b) on September 27, 2012, demanded a police officer, who was in charge of drinking control, to stop the said vehicle and make a measurement to reduce drinking; and (c) to get off the vehicle to take a drinking-free measurement; (d) the Defendant failed to comply with the direction of E, i.e., to stop and stop the said vehicle without disregarding it to avoid drinking control; and (e) the Defendant was driving the said vehicle at a speed of approximately three meters, leaving the vehicle as is, and driving it on the left-hand side.

As a result, the defendant carried a dangerous object, interfered with the performance of duties concerning the drinking control of E, and caused E to suffer the left-hand sprinked sprink in need of approximately three weeks of treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a approximately 5 km section from the front of the coal station located in Pyeongtaek-dong, Seog-dong to the front of the camping range located in Pyeongtaek-si to the front of the camping range located in the field of 5km, while under the influence of alcohol with a maximum of 0.084% alcohol concentration in blood at the same time as in the preceding paragraph.

3. Around 15:20 on March 8, 2013, the Defendant, without a driver’s license, driven a f knife car at a distance of about 7 km from the front of the Shi-si working-dong located in Pyeongtaek-si to the front of the Dong-dong apartment located in the same speed-dong without a driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of E and G;

1. The circumstantial statement of the driver;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without a license;

1. Article 144(2) and the first sentence of Article 144(1), the first sentence of Article 136(1) of the Criminal Act (the point of causing obstruction of the performance of official duties), Article 148-2(2)3, and Article 44(1) of the Road Traffic Act (the point of driving by drinking, the choice of imprisonment, and the choice of imprisonment), Article 152 subparag. 1 of the Road Traffic Act.

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