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(영문) 광주지방법원 2019.09.27 2019고합339
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2019, the Defendant, while under the influence of alcohol on May 22 and 44, 2019, tried to find out police officers working for drinking driving and be punished for drinking driving while driving while driving a motor vehicle in front of the Hospital in the Gwangju Mine-gu, and driving a Dropic car at the seat of the Gwangju Regional Police Agency, while driving the Dropic car at the seat of the C Hospital in the metropolitan mine-gu, Gwangju Regional Police Agency, while driving the Cropic plane at the seat of the Cropic area, and tried to find the Defendant, who escaped along one lane, and the victim F (the age 49) who belongs to the Gwangju Mine Police Station in the neighboring area, escaped along the central line, and cut off the 1 and 2-lane directions by using the Gropic vehicle, the Defendant tried to move back to the 3 and 4-lane direction of driving again by blocking the 3 and 4-lane directions by the above patrol vehicle, and then, the victim suffered the above two-lanes and the above part of the vehicle.

Accordingly, the defendant carried dangerous articles and interfered with legitimate performance of duties of police officers on the duty of regulating drinking driving, thereby causing the injury of police officers.

2. On May 9, 2019, the Defendant was under the influence of alcohol by 0.123% in blood alcohol concentration on May 23:28, 2019, the Defendant driven a franchise-low vehicle at a section of approximately 12 km from the first path in Gwangju Northern-gu H through the above C Hospital to the front path in Gwangju Mine-gu J through the above C Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant statutory provisions concerning criminal facts, Articles 144(2) and (1), 136(1) of the Criminal Act regarding the choice of punishment, and Article 16(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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