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(영문) 대전지방법원 2014.08.14 2014고단1661
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving) by the Defendant is a person who is engaged in driving a vehicle of hurburged C.

On January 24, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.215% around 21:45, while under the influence of alcohol, and led to the flow of the fourth line road along the four-lanes in the four-lane radius in the Daejeon Daejeon Seo-dong Daejeon, Seo-gu, Daejeon, along the direction of the Man-Neng-dong distance, along the one-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as keeping a safe distance with the front vehicle and driving the motor vehicle in advance.

Nevertheless, the defendant, who was under the influence of alcohol and was negligent in neglecting it, was driven by the victim D (the 29-year-old) who was parked in the atmosphere of the signal at the bend, in front of the above AW vehicle.

Ultimately, the Defendant suffered from the injury of the victim F (the 24 years old), who is the passenger of the above D and damaged vehicle, due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

2. On January 24, 2014, the Defendant expressed an objection to the blood alcohol content (0.122%) measured by a drinking measuring instrument to the Defendant and waiting for the blood collection inspection by a police officer belonging to the Daejeon District Police Station, in an emergency room at the Daejeon District University Hospital, Seo-gu, Daejeon, Seo-gu, Daejeon, on 22:50 on January 24, 2014, and after receiving a report as stated in paragraph (1), the Defendant expressed an objection to the blood alcohol content level (0.122%) which was conducted by the drinking measuring instrument, while the police officer of the Daejeon District Police Station was waiting for the blood collection inspection. However, the police officer stated that “whether the Defendant committed the blood alcohol level without any alcohol alcohol level, whether the other party was guilty of drinking alcohol driving, whether the other party was holding only without making an investigation of why he did so, and attempted to see G with his hand, and assault the other party’s face by assaulting that part.

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