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(영문) 의정부지방법원 2015.05.29 2015고단1405
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 23:50 on April 21, 2015, the Defendant: (a) while driving a DNA car project at the seat of the head of Sincheon-si, Mancheon Police Station E, which was under the influence of alcohol control, sent a signal to temporarily stop at the seat of 636 at the seat of the head of Sincheon-si; (b) but there was concern that the Defendant would be under the influence of alcohol; (c) the Defendant escaped, disregarding that the Defendant would have been under the influence of alcohol; (d) while driving the said car project, which was driven by the Defendant on the G patrol vehicle and driven by the Defendant at approximately 10 kilometers at H I restaurant in front of the first line located in Sincheon-si; and (d) the Defendant prevented the Defendant from walking the said car while driving the said car on the front side of the steering vehicle operated by the Defendant.

Accordingly, the Defendant, as part of the front sentence of the Kanfin vehicle, which is a dangerous object in order to flee with the above Kafin vehicle, was shocked on the front door of the Kafin vehicle.

As a result, the defendant assaulted F police officers with dangerous objects, thereby obstructing the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

2. Around 23:50 on April 21, 2015, the Defendant driven the said D Carpon vehicle under the influence of alcohol content of about 0.115% at a section of about 10km from the front of the Home Packer located in the Hocheon-si Ho-si Hon Port to the front of the GI restaurant located in Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the actual status of a host driver;

1. Application of the Acts and subordinate statutes governing the destruction of damaged vehicles, photographs of black stuffs, and photographs;

1. Articles 144(1), 136(1) of the Criminal Act of the relevant Act on the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act on the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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