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(영문) 인천지방법원 부천지원 2014.07.25 2014고합101
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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2014, the Defendant injured by special obstruction of performance of official duties was subject to drinking control from the victim G, a police officer belonging to the Busan High Police Station Traffic Control Department, which had been under drinking control at a drinking place while driving a Fsch Rexroth vehicle in the front and rear-gu, Seocheon-si E on the road.

In order to prevent the defendant's escape, the defendant, who was under the influence of alcohol by the foregoing police officer G, was instructed by the above police officer G to immediately install and load a vehicle on the side of the road, and even though the above G received an instruction to re-stop the vehicle from the above G to stop, the above vehicle, which is a dangerous object, was driven by the above police officer's left side of the left side of the driver's seat, and thus, in order to prevent the defendant's escape, the defendant was faced with the part of the window on the side of the driver's seat.

As a result, the defendant carried dangerous objects and interfered with the legitimate execution of duties by the police officer on the drinking control, thereby resulting in the victim's blue blue base for the left-hand blue requiring treatment for about two weeks.

2. Around 23:30 on May 26, 2014, the Defendant driven a fsch Rexroth car from the 1km section from the mutual influence restaurant located in the Nowon-gu, Seocheon-gu, Seoul to the original city E-si, Seocheon-si, in a state of under the influence of alcohol by 0.193% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Medical certificate or drilling (written request for appraisal of blood alcohol concentration and response thereto);

1. Notification of the control results of drinking driving, a report on the state of the driving of a motor vehicle, and a report on the state of the driving of a motor vehicle;

1. Each photograph (the black boom photo, the photograph of a vehicle operated by a suspect, the left part of the damaged police officer's hand);

1. Application of Acts and subordinate statutes to each investigation report (No. 1,19) (Evidence List No. 1, 19);

1. The main sentence of Article 144(2) and Article 144(1), and Article 136 of the Criminal Act concerning the crime.

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