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(영문) 서울남부지방법원 2019.11.22 2019고합358
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for the acquisition of stolen goods at Seoul Southern District Court, and completed the execution of the said sentence on October 7, 2017.

【Criminal Facts】

1. On May 15, 2019, the Defendant suffered from the injury of special obstruction of performance of official duties: (a) while driving a BMW car while under the influence of alcohol that could not identify the blood alcohol content on May 15, 2019; and (b) driving the four-lane road in front of the Seoul Gangseo-gu Seoul Metropolitan Government Seoul Gangseo-gu Seoul Metropolitan Office in the direction of a wintering station, the Defendant was ordered to suspend the order from the border D belonging to the Seoul Gangseo Police Station, which received a report that a vehicle suspected of

Then, the Defendant found the victim E, who is a slope belonging to the Seoul Gangseo Police Station, to take her hand and order the suspension of the Defendant at approximately 10 meters ago. However, the Defendant did not comply with the above order to the effect that drinking or unlicensed driving is subject to aggravated punishment during the period of repeated crime, and proceeded with without complying with the above order. Accordingly, the Defendant got the victim to go beyond the floor with the upper part of the front side of the said car left side of the said car, thereby causing injury to the victim, such as the flock of the flock and the damage of power lines, etc.

Accordingly, the defendant carried the above BMW car, which is a dangerous object, and obstructed the police officer's legitimate execution of duties concerning the crackdown on drinking driving, thereby causing the injury to the victim.

2. On May 15, 2019, the Defendant was driving BMW car without a driver’s license between May 15, 2019 and around 07:10 on the road near Gangseo-gu Seoul Metropolitan Government and around 1.5km from May 15, 2019 to the Seoul Gangseo-gu G parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of suspect examination of the prosecution against H, I, and J;

1. A copy of each police statement made to D and E;

1. Reports on traffic accidents (1, 2) and reports on the occurrence of traffic accidents;

1. A detailed statement of driver's license;

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