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(영문) 대구지방법원 포항지원 2015.02.09 2014고합152
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 00:45 on November 16, 2014, the Defendant, while under the influence of alcohol at a 0.109% of alcohol content, passed through a point where the influence of alcohol driving was controlled in front of the central elementary school located in the Dong-dong located in the Dong-dong located in the Dong-dong at the port at the same time, and driven a Cro-type vehicle from about 10km to the road located in the Dong-dong-dong located in the same Dong-dong-dong.

2. Special obstruction of performance of official duties, injury to special public goods, etc., the Defendant, while driving the said vehicle under the influence of alcohol on the roads prior to the above central elementary school, driven the said vehicle without complying with slope D’s inspection by the traffic control division belonging to the Port & Port Police Station in front of the above central elementary school, so that the Defendant, while driving the said vehicle at a point prior to the point where the traffic control department located at the port of the port of the port of the port of the port of South and North, North Korea, and traveling at a point prior to the port of the port of the port of South and North Korea, the slope D, where the Defendant was predicted, committed an act of assaulting the said D by the Defendant, which is an object dangerous to prevent the Defendant from driving the Defendant’s course while driving the vehicle at a speed prior to the above vehicle of the E patrol, obstructed legitimate performance of duties concerning the traffic order of police officers, and caused the said D to put in salt in need of treatment for about two weeks due to the shock, and damaged by the 605th of the 60 vehicle of the patrol at its repair expense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents and reports on the results of regulation of drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Articles 144(2) and (1), 136(1) (a) of the Criminal Act of the corresponding Act on the Punishment of Criminal Crimes, Article 144(2) and (1), Article 141(1) (a) of the Criminal Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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