2018 Highly 642 Injury resulting from the obstruction of performance of official duties, or violation of the Road Traffic Act (driving)

A

Materns (prosecutions) and Materns (public trials)

Attorney B (Korean National Assembly)

August 30, 2018

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

1. Injury resulting from special obstruction of performance;

Around 22:30 on April 17, 2018, the Defendant: (a) discovered a police officer controlling drunk driving while driving CM6 vehicle in the vicinity of the Samcheon-gu, Seoul Special Metropolitan City, the Seoul Special Metropolitan City, by concerns over the detection of his drunk driving and the detection of the fact of his drunk driving. Accordingly, the Defendant: (b) discovered the said SM6 vehicle which was stopped on the front of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Police Station D, where he was on duty in preparation for the escape vehicle at the post-control point; and (c) demanded the victim to open the door by driving the said vehicle which was stopped on the front of the Seoul Special Metropolitan City, Seoul Special Metropolitan City, Nowon-gu, and opened the door. The Defendant carried out the direction toward the left-hand side of the said SM6 vehicle, which is an object of disregarding and dangerous consideration, and carried out an assault on the right-hand side part of the said vehicle, thereby hindering the victim’s treatment and the knee-free goods.

2. Violation of the Road Traffic Act;

On April 17, 2018, the Defendant, while under the influence of alcohol of 0.116% on blood alcohol level on April 17, 2018, driven CMF6 car at approximately 8.4km from the roads near Yongsan-gu, Seoul Metropolitan Government to the roads 200 Da-ro 25, Nam-ro, Seoul Special Metropolitan City, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (to G telephone conversations for reference);

1. Medical certificate (Evidence No. 9);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 144(2) (main sentence) and (1), 136(1) of the Criminal Act (the injury caused by special obstruction of the performance of official duties), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking driving and the choice of imprisonment)

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggravated to the extent that the sum of the punishment for causing bodily injury resulting from a special obstruction of performance of official duties prescribed by the former part of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. The grounds for sentencing: Imprisonment with prison labor for not less than one year and six months but not more than 15 years and six months;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for not less than two years;

(a) Injury resulting from special obstruction of performance of official duties;

[Determination of Punishment] Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for not less than two years, but not more than four years;

(b) The sentencing criteria for the crime of violating the Road Traffic Act shall not be set;

(c) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years (limited to the lower limit of the scope of sentencing in accordance with the standards for sentencing for crimes to which the sentencing criteria are applied, since a crime for which

3. Determination of sentence: The crime of this case, one year and six months under a suspended sentence, committed by the Defendant for a period of three years, one year and six months, is likely to interfere with the police officer’s legitimate exercise of public authority and to inflict bodily injury upon the Defendant by avoiding the police officer who was under the influence of alcohol while driving a drinking, and attempting to escape again. Such a crime by the Defendant is highly likely to cause serious personal and material damage. Such circumstances are the circumstances unfavorable to the Defendant. The Defendant is in favor of the Defendant. The Defendant is divided into and against his mistake, and was compensated for damage through an insurance company. The degree of injury to the victimized police officer is not serious. The Defendant is the first offender without criminal records. Such circumstances are favorable to the Defendant.

In addition, in comprehensive consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., all of the sentencing factors shall be determined in the same manner as the order, beyond the minimum sentencing guidelines.

The presiding judge, the highest judge;

Judges Gin-type money

Judges Shin Jae-ho