2019 Highest 1459 Special injury, destruction of special property, special obstruction of performance of official duties, roads

Violation of Traffic Law

A 83. Symar

Yang Jae-Hun (Court Prosecution) Hun-Hun (Court Decision) Hun-Hun (Court Decision)

Attorney*

July 11, 2019

A defendant shall be punished by imprisonment for one year.

Criminal History Office

1. Special obstruction of performance;

On January 12, 2019: around 00:43, the Defendant driven a motor vehicle with No. 220d under the influence of alcohol in the blood alcohol concentration, and was demanded to stop the motor vehicle from the police officers, including C, who were working on the front side of the Busan Jin-gu*** 000's ○○ apartment on the front side of the Busan Jin-gu Police Station in order to avoid the crackdown on drinking driving, while discovering the police officers, including C, who were working on the front of the Busan Jin-gu Police Station in charge of traffic safety.

Under the above circumstances, the Defendant avoided the crackdown on drunk driving, and led to a change of the vehicle by driving the benz vehicle, and led the above vehicle to the front of the vehicle, which is an object dangerous to C, to the police officer of the vehicle, and caused the above C to feel a threat of life or body.

Accordingly, the defendant, using dangerous objects, threatened a policeman C, who is a police officer, to interfere with the legitimate execution of duties of police officers concerning the crackdown on drinking alcohol.

2. Injury by special injury and damage to special property; and

On January 12, 2019, while the Defendant was under the influence of alcohol by driving a bben E220D car under the influence of alcohol, the Defendant: (a) around 00:50 on January 12, 2019; (b) around 50 on January 12, 2019, the Defendant: (c) around 50, * the victim E and the fUV vehicle under the influence of Busan from the front bank of the Defendant at the front bank of the GUV tunnel charge in the same area, which had been driving of the 2,486,60 won on the front bank of the Defendant; (d) the victim E and the fUV vehicle under the influence of alcohol in order to prevent the escape of the vehicle in order to assist the police and prevent the Defendant from escape; and (e) the victim’s above fenz vehicle under the influence of the Defendant’s fenz part of the back fel and the rear pent part of the back part of the fel.

Accordingly, the Defendant inflicted an injury on the victim E by using dangerous things, and damaged the property owned by the victim corporation △△△△.

3. Violation of the Road Traffic Act;

The Defendant is a person who is engaged in driving a passenger car Benz E20d.

The driver of any motor vehicle shall not drive the motor vehicle rapidly higher than the designated maximum speed on the road, shall ensure the necessary distance to avoid any collision with the motor vehicle traveling ahead of it, shall not drive the motor vehicle rapidly, shall drive the motor vehicle safely by using the direction indicator time, etc. when passing another motor vehicle driving ahead of it on the expressway, and shall not drive the motor vehicle in distress that may threaten or endanger other persons or cause any danger and injury to traffic continuously or repeatedly.

Nevertheless, on January 12, 2019: around 00: 50, the Defendant: (a) from the front road of the Dondong in Busan, to the Yangsan City water-Si ** (b) the restricted speed from the 18km section located in the road to the Central Highway Sheet, and (c) the speed of which exceeds 20 to 50km, and (d) the speed of which exceeds 20 kilometers from the 18km section in the road located in the road, and (d) the speed of which exceeds 1 lane and 2 lanes from time to time without the direction direction point, and (e) the passing of which runs as a sudden, speeded, and speeded, thereby threateninging others or causing danger to traffic.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2(1), 257(1), 369(1), 366, 144(1), and 136(1) of the Criminal Act; Article 151-2, and subparagraphs 3, 5, and 8 of Article 46-3 of the Road Traffic Act / [Selection of Imprisonment]

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act are divided after the crime is committed by the defendant and they have agreed to have only the victim of the traffic accident. However, even though the defendant, who had been punished twice due to the drinking driving in this case, has threatened or injured the landscape, etc. of drinking control, etc. with a vehicle to avoid drinking control, or carried out a bad driving, and the defendant's age, occupation, character, personality and behavior, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., comprehensively taking account of the criminal defendant's age, occupation, personality and behavior, family relation, living environment, circumstances after the crime, etc., the sentence of the same sentence as the order is inevitable for the safety of other traffic participants and traffic landscape

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