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(영문) 서울중앙지방법원 2013.11.29 2013고단6161
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, at around August 29, 2013, driven CT 1110 Oral Ba on the 23:15th day of Aug. 29, 2013, driven the CTT 110 Oral Ba, and driven the road front of the Central University kindergarten affiliated with the Korean University Hospital located in Black-dong, Dongjak-gu, Seoul, to the upper 211 at the seat of the Central University Hospital Hospital. However, even though the slope D, who controlled drinking driving, was instructed by the traffic safety department of the Seoul Dongjak-gu Seoul Police Station, who was under the influence of drinking driving, was under the direction of stopping the traffic signal sealing, the Defendant continued driving without reducing the speed to avoid the crackdown on drinking driving, and led D to go beyond the road by taking the front side of the above Oral Ba, which is a dangerous object.

Accordingly, the defendant carried a dangerous object, and interfered with the legitimate execution of D's duties concerning the crackdown on drinking driving.

2. The Defendant, while under the influence of alcohol content of 0.170% in the temporary light as indicated in paragraph (1), was driving CT110 Orala from the front road of the Central University Hospital located in Black-dong, Dongjak-gu, Seoul, Seoul to the front road of the Central University kindergarten attached to the Central University located in the same 211.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each Act and subordinate statute to inquire about the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(1) and 136(1) of the Criminal Act concerning the choice of punishment (special obstruction of performance of official duties), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act lies in the fact that the defendant was punished for drinking or driving without a license even before, and the defendant.

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