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(영문) 대구지방법원 김천지원 2016.05.17 2016고합21
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 16, 2016, the Defendant, at around 23:15, driven a motor vehicle under the influence of alcohol concentration of about 500 meters at a section of about 500 meters from the Gu-Si office-type cudio parking lot, the Defendant’s residence, via the road front of the E-type restaurant located in Gu-Si, Gu-Si, Si, si, to the above Cudio parking lot.

2. Around February 16, 2016, the Defendant: (a) while driving a F-Wing car on the front of the instant E cafeteria on the front of the instant E cafeteria, the Defendant: (b) discovered that the Defendant was demanding the police officer belonging to the Gu-U.S. G District Unit, who was a police officer belonging to the Gu-U.S. G District Unit (35 years old) to stop the Defendant at the front line of this central line, and subsequently, (c) neglected this demand; (d) neglected the demand of the Defendant, and (d) caused the Defendant to break down the light booming around the center; and (e) led the victim to go beyond the road by taking part of the victim’s left side of the said vehicle.

As a result, the defendant carried dangerous articles and interfered with legitimate performance of duties by police officers concerning the crackdown on driving of drinking, etc., and thereby, the victim suffered multiple gamblings that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (in relation to the video analysis of suspect motor vehicles that have been seized upon voluntary submission by the person who has been subject to investigation, a written diagnosis by a damaged police officer) and the application of each photograph and medical certificate, and the application of statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(2) and (1), 136(1) (a) of the Criminal Act concerning the selection of punishment for the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be more severe than that provided for the crime of injury resulting from interference with the execution of special duties.

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