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(영문) 창원지방법원 2019.05.02 2019고합49
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On November 12, 2018, the Defendant injured the obstruction of performance of special duties: (a) discovered that the victim C (53 years of age) who is a police officer belonging to the Changwon Police Station, when driving a B T B B B B B B B B car and driving the road near the original city of Changwon, performed the crackdown on drunk driving; (b) the victim C (53 years of age) who was a police officer belonging to the Changwon Police Station, was living in the direction of hot spring due to drinking alcohol in the same day; (c) the victim escaped from the direction of hot spring due to drinking alcohol in the same day; (d) the victim getting on the police vehicle and stopped the vehicle in front of the E real estate located in D of the same Gu, leaving the police vehicle in order to stop the driving seat of the Defendant’s vehicle and try to escape beyond the center of the police vehicle to stop it; and (d) the victim saw the victim’s left car to stop it; and (d) made the victim 2 meters away from the road without leaving the road.

As a result, the defendant carried a dangerous object and interfered with the legitimate execution of duties by the police officer on the crackdown on drinking driving as an assault, and suffered the victim's injury to the 1st part of the left-hand satisfaction that needs to be treated for about four weeks.

2. On November 12, 2018, the Defendant was arrested on the charge as stated in paragraph (1) of the Road Traffic Act at around 22:50 on November 22, 2018. From around 23:38 of the same day to around 23:56 of the same day, the Defendant did not comply with the request for the measurement of drinking alcohol on four occasions from the slope G belonging to the same police station without justifiable grounds, even though there are reasonable grounds to suspect that the Defendant was engaged in drinking, such as avoiding the control of drinking driving and snrinking in the window of the Changwon Police Station Office of the Changwon Police Station, which was located in 10 in the 10th of the same day from around 23:38 of the same day to

The defendant is therefore justified.

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