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(영문) 대구지방법원 서부지원 2016.04.28 2016고단446
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 11, 2015, the Defendant was under the influence of alcohol level of 0.238% from blood alcohol level among blood transfusion around 22:40, the Defendant driven B-wing truck in the 1km section of approximately 1km to the front of the Daegu Seo-gu Seoul Seo-ro 31 (Jincheon-dong), Jincheon-ro 31 (Jincheon-dong), in front of the restaurant, “Mapo-ro, Mapo-ro, Mapo-ro, Mapo-ro, Mapo-ro,” in front of the restaurant.

2. Around 23:00 on the same day, the Defendant, who interfered with the performance of official duties and the Defendant injured, was dead of consciousness on the above cargo driver’s seat parked on the road of Jincheon-do, and two police officers such as C, etc., who received a report, led the Defendant to mislead the Defendant as an emergency patient, and became sent back to the hospital by the 119 rescue team.

The Defendant, at around 23:25 on the same day, was in front of the “E dental” located in Daegu-gu, Namgu, Daegu-gu, and tried to flee from the first-aid vehicle to the lusium, and 119 first-aid crew members were pedaled.

As the above C, upon receiving a second report, confirms the driving of the Defendant’s drinking and the report of the 119 first aid crew members, the Defendant, “I have caused why you would go?”

Chewing typina expressed the expression "in the process of festing," and tried to flee.

As the above C placed himself, the Defendant took one eye of the left eye of the above C on his own, thereby obstructing the above C from performing legitimate public duties concerning the prevention of crimes and the handling of 112 reports, and at the same time, the above C placed around the left eye that requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the counter investigation of the 119 first-aid crew members);

1. A copy of the notification of the results of regulating the driving of drinking and a statement in the circumstances of driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act in relation to the crime (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injury) of the same Act, Article 148-2(2)1 and Article 44 of the Road Traffic Act.

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