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(영문) 대구지방법원 2017.07.14 2017고합241
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 May 13, 2017, the Defendant: (a) around 10:07, the Defendant: (b) operated agricultural and fishery products in 18:34 degrees each 18-gil-ro, Daegu Northern-gu, Daegu-gu, Daegu-gu, on May 13, 201; (c) was required to submit a driver’s license to the wing D truck in violation of traffic laws and regulations; (d) the Defendant, in violation of the traffic laws and regulations, was in the operation of the wing D truck; and (e) was required to display a driver’s license to the said truck, which is a dangerous object; and (e) the said F, carried the vehicle by driving the vehicle at around 30 meters each time with the wing 18-ro, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, Seoul-do; and (e) was able to use the vehicle by assaulting the said F on two consecutive occasions after stopping the vehicle.

The Defendant, using a cargo vehicle, which is a dangerous object, obstructed the police officer’s legitimate performance of duties concerning traffic control, and thereby led to the salt panion of the part of the hand trees requiring two weeks’ medical treatment.

2. On May 13, 201, the Defendant driven the said cargo vehicle without a driver’s license in the section of approximately 1.6 km up to 1.6 km in every market, from H located in Daegu Northern-gu G on May 13, 201, to 18:01, the agricultural and fishery products located in the same Gu, Daegu North-gu G, Daegu-ro 18-ro 34,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement of opinion;

1. Investigative into the ledger of driver's licenses and the main office;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 11, 12, 13, 21 of the evidence list);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144(2) and (1), 136(1) (a) of the Criminal Act concerning the selection of punishment, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (a person causing injury or injury to interfering with the execution of special duties), and Articles 152 subparag. 1 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the length of each crime of injury resulting from interference with the execution of heavy special duties, and the punishment shall be aggravated);

1. Reduction of a small amount;

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