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(영문) 광주지방법원 2015.09.23 2015고합291
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 became final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) at around 21:00, the Defendant driven a Category CP motor vehicle without obtaining a driver’s license in a section of about 28 km from the front side of smart loan located in 15-13 Vian-ro, Gwangju Mine-gu to the 54km road.

2. On August 27, 2015, at around 21:45, the Defendant: (a) driven the car specified in paragraph (1) on the front side of the Korea Rural Economic Institute, Korea, Rural Economic Institute; and (b) driven the innovation city from the direction of the week to the innovation city; (c) had the safety warning, etc. installed at the above vehicle for the purpose of drinking-control and drinking control, etc.; (d) had the victim D, a police officer belonging to the police station of the State, who was under the control of drinking driving, take the part of the victim D’s right knee part, which is dangerous for the victim D to stop the vehicle to the Defendant.

As a result, the defendant injured the victim D with knee knee knee knee knee knee knee knee knee kne, and damaged the safety warning of 118,800 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records;

1. A written diagnosis, estimate, and the register of driver's licenses;

1. Application of each statute on photographs;

1. Article 144 (2) (main sentence) and Article 144 (1) of the Criminal Act, the first sentence of Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the sum of the long-term punishments for each crime of causing serious obstruction of performance of official duties as provided for in the same Article] and Article 50 of the Criminal Act;

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