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(영문) 대전지방법원 2016.03.30 2016고단142
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for an injury at the Daejeon District Court on October 23, 2014, which became final and conclusive on October 31, 2014, and is currently under suspended sentence.

[Criminal facts]

1. Around 03:45 on January 3, 2016, the Defendant driven a FW car at approximately 700 meters from the 180-meter radius to the e-way located in the same Gu, under the influence of alcohol content of 0.118% in blood, according to the Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon.

2. On the same day as in the preceding paragraph, the Defendant was demanded to set up a vehicle from H to respond to alcohol alcohol measurement on the workingman of the Daejeon Police Station G District at Daejeon, who was informed of the Defendant’s vehicle driving on the front day of the foregoing E at around 03:58.

In order to avoid drinking test, the Defendant followed the said BMW car, and attached the main set before the driver’s seat, and even with knowledge that H prevented the Defendant from escape, the Defendant was immediately on the right bridge of H to the front of the said car.

Accordingly, the defendant carried a vehicle, which is a dangerous object, and interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of the report on detection of the driver of the driving school, a copy of the report on the circumstances of the driver of the driving school, crackdown on the driving of suspect and photograph;

1. Records of the judgment: Inquiry about criminal history, the application of the text of the judgment of Daejeon District Court 2014 High Court 824, which is a copy of the statutes;

1. Relevant legal provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act (the freedom of performing public duties carrying dangerous articles, the choice of imprisonment), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Interference with the execution of a heavier special official duties) of the Criminal Code to increase concurrent crimes.

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