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(영문) 의정부지방법원 고양지원 2016.03.15 2015고합273
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (drinking driving), etc. at the Jung-gu District Court on April 27, 2012, and was sentenced to six months of imprisonment for a violation of road traffic law (drinking driving) at the Jung-gu District Court on March 28, 2014, and completed the execution of the sentence at a governmental prison on September 27, 2014.

Criminal facts

1. On November 26, 2015, the Defendant driven a motor vehicle driver’s license without obtaining a motor vehicle driver’s license in the direction of approximately 0.145% alcohol concentration in the middle of the number of lakes in the 2km of the Sinsan-dong, Seo-gu, Seo-gu, Busan-gu, Sinsan-do, at a high altitude of around 01:00 to the front of the 10-day Sinsan-gu, Sinsan-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant injured by interference with the performance of special official duties was under the control of drinking by the victim D(46 years old) who is a police official belonging to the Yongsan Police Station while driving the said rocketing car, which is a dangerous object at the time and place under the above paragraph 1.

The Defendant attempted to refuse and continue to drive a vehicle under the direction of the victim for the measurement of drinking, and the said victim tried to put the body into the driver’s seat of the rocketing car driven by the Defendant, and to cut off the vehicle at the string to the end of the stop. The Defendant started the said vehicle, which stopped, and continued approximately five meters away from the driver’s seat to cut off the victim into the floor, thereby causing the victim to suffer bodily injury, such as the trend and tension of the two-day medical treatment for about two weeks.

Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of duties by police officers on traffic control, and thereby, suffered injury to the victim.

Summary of Evidence

1. The trial records are in the first trial records;

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