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(영문) 창원지방법원 2015.01.22 2014노2417
특수공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is too unreasonable because the punishment sentenced by the court below (two years of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the court below is too uneased and unreasonable.

2. We examine both parties’ assertion of unfair sentencing.

The crime of this case is that the defendant drives a cargo vehicle while under the influence of alcohol of 0.058% without a driver's license, and after the police officer was discovered to drive a vehicle under the influence of alcohol, the police officer tried to move the cargo vehicle to another cargo vehicle to the cargo vehicle without the driver's license upon the defendant's request, and the police officer and the police officer opened the defendant's seat of driving and restrain the police officer from driving the cargo vehicle, which is a dangerous object to prevent the front of the cargo vehicle, and threaten the police officer as if he would receive the cargo vehicle, and then, the police officer's patrol vehicle parked in the front direction of the cargo vehicle continues to receive the cargo vehicle while driving the vehicle more than twice, and the patrol vehicle is damaged by more than 4,157,712 won, and the Road Traffic Act does not require to punish the defendant for any violation of the law and order of the State and order, and there is no need to strictly punish the defendant's life and damage to the police officer's property as well as other crime of obstruction of performance of drinking (the Road Traffic Act needs to be punished.)

However, the fact that the defendant confessions and reflects, there is no history of punishment exceeding the fine of the defendant, the fact that the defendant is the disabled of the third degree of delayed disability with the old age, and the physical damage of the patrol vehicle with the comprehensive automobile insurance of the cargo vehicle in which the defendant was admitted.

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