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(영문) 울산지방법원 2019.09.20 2019고합181
특수공무집행방해치상
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

On May 16, 2019, the Defendant was under the influence of 0.161% of blood alcohol concentration, and was driving BMW545i car on the bMW 545i car in the middle of the playground, and was under the control of drinking at the above site, and was demanded to immediately stop and respond to the drinking measurement on the ground that the drinking reaction is reduced due to drinking reduction from D at the border of the Gyeongnam Police Agency C affiliated with the Gyeongnam Police Agency, which was under the influence of drinking control at the above site. However, the Defendant was under the influence of the said vehicle, resulting in the said D’s loss on the window of the said vehicle due to the sudden escape.

As a result, the Defendant interfered with the performance of duties by police officers who were in the duty of drinking control by using a dangerous object, and caused the above police officers to suffer injuries such as salt of hand that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (injury resulting from the obstruction of performance of official duties), investigation report, copy of report on detection of a violation of the Road Traffic Act (fluence), copy of report on the circumstantial statement of a drunk driver, copy of inquiry of the results of crackdown on drunk driving, copy of investigation report (report on the situation of a drunk driver), internal investigation report (limited to attachment of a log photograph), service marks, internal investigation report (limited to attachment of a log photograph), internal investigation report (limited to the confirmation of the owner of a vehicle operated by a suspected suspect), detailed statement of internal investigation (limited to attachment of a photograph to a photograph of a screen image shield), investigation report (limited to attachment of a photograph of a screen image shield), and report on the investigation

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act and probation, etc. of orders to provide community service and attend lectures;

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