2016 Highly 1396 Special obstruction of Performance of Official Duties, Injury to Public Articles, Road Traffic Act

Violations (Drivinging) and Road Traffic Act (Non-accidenting Measures);

Violation of the Road Traffic Act

A

The type of truth-finding (prosecutions) and the court of civil prosecution (public trial)

Attorney B (National Ship)

January 26, 2017

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.

The defendant shall order the defendant to attend a law-abiding lecture for 40 hours and provide community service for 80 hours.

Criminal facts

1. Violation of the Road Traffic Act;

On August 25, 2016, at around 00:15, the Defendant driven a new SS5 (D) car from around about 10 meters away from the 10-meter radius to the front road of Seoul Special Metropolitan City, while under the influence of alcohol with 0.186% alcohol concentration.

2. Where any goods are damaged by traffic, such as driving of vehicles in violation of the Road Traffic Act, the driver of such vehicle shall immediately stop the vehicle and take necessary measures;

On August 24, 2016, at around 23:55, the Defendant driven the said car under the influence of alcohol, and stopped for a long time on the grounds that it cannot be known that the bus (F) driven in the same direction on the three-lanes from the direction of the front intersection to the intersection entrance of the front intersection, among the four-lanes in front of Gwanak-gu Seoul Special Metropolitan City E-do, while driving the car at the two-lanes. As a result, the Defendant, while driving the bus at the same direction on the three-lanes, was coming from the vehicle for a change of course in the future, and the Defendant, while leaving the vehicle for a passenger vehicle, was facing the light, and the front part of the bus left with the front part of the passenger vehicle. As a result, the Defendant destroyed the bus to the extent of KRW 1,344,475, as well as immediately stopping it without taking necessary measures.

3. Violation of the Road Traffic Act;

No driver of any motor vehicle shall threaten or endanger other persons or cause any danger to traffic by consecutively committing any act, such as signal breach, median line violation, speed violation, etc., or by continuing or repeatedly committing any one act.

Nevertheless, at around 00:09 on August 25, 2016, the Defendant: (a) 147 km from Gwanak-gu, Seoul Special Metropolitan City, to the road in front of the same Gu, and (b) 1.6 km from the road in front of the same Gu, after having been informed of about 112 km, the Defendant her act of breaking the central line to her right or the right or the right or the right or the right or the right or the right or the right or the right or the right or the right or the right or the right or the right or the right or duty or duty or duty or duty or duty or duty or duty or duty or

4. Injury or injury caused by special obstruction of performance of official duties and damage to public objects;

On August 25, 2016, at around 00:15, the Defendant, as in paragraph (2) in front of Gwanak-gu, Seoul Special Metropolitan City, 112, during the escape from an accident, Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had kdd Had Had Had Had Had.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H and K;

1. Statement of the occurrence of a traffic accident prepared by the J;

1. Each traffic accident report (actual assessment report, No. 1919, 1920), No. 112 report, handling table of the 112 report, report on detection of a drinking driver, blood-related vehicle photograph, estimate and medical certificate (Evidence No. 1-3, 10-12, 14-16, 18)

Application of Statutes

1. Article applicable to criminal facts;

Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Articles 148, 54(1) of the Road Traffic Act, Articles 151-2 and 46-3 of the Road Traffic Act (the point of failing to take measures after an accident), the former part of Article 144(2), Articles 144(1), 136(1) of the Criminal Act, Article 141(1) of the Criminal Act (the point of causing obstruction of special obstruction of performance of duties)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment stipulated for the crime of causing bodily injury to the special obstruction of performance of official duties and damage to public goods at the time of making a sales, and for the crime of causing bodily injury to the special obstruction of official duties against H with the largest punishment and punishment)

1. Selection of punishment;

Selection of imprisonment for each violation of the Road Traffic Act, such as drunk driving, unmeasures after accidents, and the violation of each of the diversh driving.

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment for the crime of causing bodily injury to the special obstruction of performance of official duties against H with the largest punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent consideration of favorable circumstances among the reasons for sentencing below)

1. Order to attend lectures or order to provide community service;

Article 62-2(1) of the Criminal Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor from June to June 18;

2. Scope of recommended sentences according to the sentencing criteria;

It is difficult to apply the sentencing criteria as it is to the commercial concurrent crimes relationship, but it is also considered for reference.

(a) Injury resulting from special obstruction of performance of official duties;

[Determination of Punishment] Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty) for Crimes of Obstruction of Official Duties

【Special Convicted Person】

[Recommendation Scope of Punishment] Basic Area: Imprisonment for 2 years to 4 years

(b) Violation of the Road Traffic Act, such as drunk driving, unmeasures after accidents, and the scope of final recommended sentence according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years and not less than three years of suspension of execution: Determination of sentence shall be made in consideration of two years of suspension of execution, three years of suspension of execution, and other factors of sentencing as indicated in the argument of this case, including the character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime.

0 Unfavorable circumstances: The defendant was involved in an accident while driving under the influence of alcohol, while driving the police boom, while driving the police boom, and causing the police officer to be patroled during the process, thereby obstructing the legitimate exercise of public authority.

In light of the degree of injury to police officers who have suffered damage and the amount of damage caused by large property, the criminal situation is not heavy in light of the degree of the injury and the amount of damage caused by large property. The Defendant entails excessive difficulty to his dependants when social ties are clearly detained as a member of the company. The Defendant compensated for damage through an insurance company. The Defendant has no criminal history except for punishment imposed on the Defendant by a fine once in 2006.

The presiding judge, judge and male citizens;

Judges Yoon Young-young

Judges or Jae-young