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(영문) 청주지방법원 충주지원 2017.03.15 2016고단637
특수공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on June 17, 2016, the Defendant was under the control of drinking by G while driving the Esbomen car on the front road located in C at the Chungcheong City.

Police Officer G: (a) the Defendant’s vehicle’s driver’s seat door-to-face was put in a drinking reduction engine and then asked the Defendant to stop the vehicle to the right side; (b) the Defendant appears to have put the vehicle at the right side; (c) the Defendant, while coming to the seat of the impulse police station at a sudden speed, she saw the drinking reduction engine inside the window of the Defendant’s driver’s seat while leaving the vehicle at the right side.

The defendant, who is a dangerous object of G, has been shocked to the front part of the vehicle.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. One CD for video recording of scambling vehicles;

1. One copy of the medical examination and treatment set and one copy of the medical examination and treatment confirmation [a defendant and his/her defense counsel acknowledged the escape while the defendant was under influence of alcohol, but the hand of the controlling police officer at the time did not enter the window of the defendant's vehicle, and therefore, the hand of the controlling police officer at the time did not face the vehicle due to the departure of the vehicle, and denies the fact of assault.

However, in this Court, the witness G was faced with a handful knife on the Defendant’s vehicle that escaped after the crackdown on drinking at the time of this case.

The above statements are clearly stated. The above statements are consistent with the records of medical treatment that the witness was given medical treatment to the hospital on the day of the instant case, and it is difficult to find the reason or motive for the witness to give false testimony in order to mislead the defendant. The credibility can be fully acknowledged in light of the above facts.

If so, the defendant start his own vehicle and the hand of the above witness is faced with the defendant's vehicle.

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