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(영문) 서울서부지방법원 2017.06.15 2017고단781
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. Around February 23:00 on February 9, 2017, the Defendant driven CMW car under the influence of alcohol concentration of 0.126% from the 10km section from the west-gu Seoul Western-ro to the front line of Mapo-gu Seoul, Seoul.

2. The Defendant interfered with the performance of official duties and the victim’s injury did not get drinking from police officers at the above date, time, place, require the measurement of blood collection, require the victim E (27 years old) police officers affiliated with the Seoul Mapo Police Station D (27 years old), to move the patrol vehicle to the F Hospital, and the person inside the patrol vehicle did not get out of approximately 30 minutes while getting out of the patrol vehicle.

On February 9, 2017, the Defendant, at the front of the F Hospital on February 23:30, 2017, went from the patrol vehicle for the reason that the victimized person demands the getting off from the patrol vehicle.

The term “the victim’s chest” refers to “the victim’s chest,” and the victim was satisfyed by her finger, and the victim was satisfying at the victim’s face once, and the victim was satisfyed with approximately two weeks of treatment.”

As a result, the Defendant interfered with legitimate execution of duties concerning collecting blood from a drinking driver by a police officer, and at the same time inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a diagnosis report by a victimized police officer);

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of an alternative sentence of imprisonment with prison labor for a violation of traffic laws on roads or a violation of an injury;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes (the above provision shall apply to an aggravated punishment with severe injury).

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