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(영문) 광주지방법원 2016.09.09 2016고합204
특수공무집행방해치상등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On March 12, 2016, the Defendant violated the Road Traffic Act (drinking) driven a car with 1km from the front side of the Fju point located in Gwangju-gu Nam-gu, Gwangju-gu, to the front side of the apartment house, while under the influence of alcohol content of 0.074% during blood transfusion around 22:45 on March 12, 2016.

B. The Defendant: (a) was driving a vehicle in front of the I cafeteria located in the Southern-gu Seoul metropolitan city at the time of the foregoing day; (b) was demanded by the victim K(48 tax) in the circumstances surrounding the department of the police station at the Southern-gu Police Station of Gwangju, Seoul, to stop the vehicle on the side for the purpose of measuring alcohol consumption on the ground that drinking control by using a drinking reduction device during drinking control was revealed; and (c) although the victim was placed a window on the side of the driver’s seat while driving the vehicle, the victim led the victim by driving the vehicle at a volume of 5 meters; and (d) the victim suffered approximately two weeks of alcohol control.

Accordingly, the defendant, carrying dangerous articles, interfered with police officers' legitimate execution of duties, and suffered injuries to the victim during the process.

2. On March 12, 2016, the Defendant requested a Fju store located in Gwangju-gu, Nam-gu, Gwangju to drive under the influence of alcohol on the ground that the Defendant was unable to drive under the influence of alcohol, and the Defendant, despite being aware that he was under the influence of alcohol, requested the Defendant to drive his key and drive his house to the house. As such, according to the Defendant’s teacher’s teacher, the above A driven a G U-D-car from the direction ahead of the Fju store located in Gwangju-gu, Nam-gu, Nam-gu, Seoul to the front day of the apartment house with a distance of 1 km from the direction of the Fju store in the influence of alcohol concentration of 0.074% as described in the foregoing 1-A.

Summary of Evidence

[No. 1-A. and No. 2 of the Judgment]

1. Defendants’ legal statement

1. A report on detection of a driver at the main place of business (Article 1-2 (b) of the Judgment);

1. The legal statement of K Witness;

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

1. Criminal facts;

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