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(영문) 창원지방법원 마산지원 2018.10.19 2018고단833
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 21, 2018, the Defendant violated the Road Traffic Act (drinking) driven a boo-cuber car under the influence of alcohol content of approximately 0.170% from the section of approximately 1.5km to the front road located in the scoo-dong, Changwon-si, Changwon-si, Seoul Special Metropolitan City, to the front road of the 4.15km-ro at the 415km-ro as the original original road.

2. The Defendant obstructed the performance of special official duties was requested by C of the police station belonging to the Changwon Seo-gu, Changwon Police Station, where he had shown the said U.S. vehicle for the said U.S. vehicle in accordance with the vehicle stop signals at the private distance intersection of the Agricultural Technology Center, which is located in the window of the Changwon-si, Changwon-si at the same time as paragraph 1, and the Defendant, who was under the influence of the patrol, was forced to “the vehicle suspected of driving under the influence of alcohol” by the Defendant, who was under the influence of the patrol while driving the vehicle on the said vehicle.

The Defendant did not drive a drinking alcohol.

In the end, while refusing to comply with the request of the above C, the vehicle signal was sent in front of the vehicle immediately to the proceeding signal.

C’s “Suspension Hashes.”

Even though the phrase "" was called, C driven the said car as it is, thereby pushing C at a level of 10 meters, and escaped.

Accordingly, the defendant assaulted police officers using cars, which are dangerous objects, and interfered with legitimate execution of duties in relation to the prevention, suppression and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. On-site photographs and photographs of a black stuff image;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 144 (1) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of special public duties and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. This case’s reason for sentencing under Article 62(1) of the Criminal Act (Confession and reflect).

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