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(영문) 울산지방법원 2013.05.10 2013고합58
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a Cbea cruise car.

1. On March 8, 2013, at around 21:25, the Defendant driven the said car with a blood alcohol concentration of 0.137% 0.137% and driven the three-lane road along the said three-lane road on the west-gu water panion apartment located in the water-Si, Yangyangsan National Police Station, in order to control the drinking driving, the Defendant stopped on a standing signboard installed at the three-lanes of the Gyeongyangsan National Police Station traffic control department D, etc.

In order to avoid a request from the above D to comply with a drinking test, the Defendant, despite the fact that the above D was located immediately adjacent to the left-hand side of the said car, operated rapidly while changing the said car into the two-lane, thereby driving the car rapidly, and received the above D’s right-hand side, the upper-hand side, and the arms.

As a result, the Defendant carried “hazardous objects” and interfered with the legitimate execution of duties concerning the crackdown on drinking driving, etc. of the said D, thereby causing the above D to the right drop back, which requires treatment for about two weeks.

2. In order to avoid the crackdown on drinking driving as above, the Defendant driven the said car and escaped, and led to the intersection in front of the cafeteria of the “calp” cafeteria located in the water-Eup at the Yangsan-si, Yangsan-si, Yangyang-si, to the cryp restaurant from the side of the community credit cooperatives.

Since there is an intersection where signal apparatus is not installed, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to prevent accidents in advance due to the fact that he well sees the front side and the right and the right and the right, and temporarily stop or walk down.

Nevertheless, the Defendant neglected to do so and received the front part of the Frocketing car driven by the injured party E, who is going to the right from the right-hand side due to the occupational negligence of the Defendant, from the front part of the said Bridge cruise car.

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