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(영문) 대구지방법원 2014.06.13 2014고합164
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 23, 2014, the Defendant driven a clater vehicle while under the influence of alcohol of about 0.164% of the blood alcohol concentration at the section of approximately 6.5km in front of the southwest-gu road located in the Daegu Suwon-gu, Daegu-gu, with a view to driving the clater vehicle under the influence of alcohol of about 6.5km.

2. On January 7, 2014, the Defendant: (a) while under the influence of alcohol, while driving a vehicle while under the influence of alcohol; (b) discovered that the Defendant was driving the vehicle, driving the vehicle on the front right side of the patrol vehicle and the front side of the right side part of the vehicle, the front side part of the patrol vehicle and the front side part of the right side part of the vehicle, which is dangerous for the victim D(58 years of age) to block the vehicle from the E-lane, while driving the 135 parallel road from the south-gu, Daegu-gu, Daegu-gu, the 200-gu, Seoul-gu, Seoul-gu, the 200-gu, Seoul-nam Police Station found that the Defendant was under the influence of alcohol while driving the vehicle, and driving the 135 parallel road from the south-gu, Nam

Accordingly, the Defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking driving, thereby causing injuries to the victim D, such as dumnasium which requires treatment for about two weeks, and at the same time, damaged the patrol cars used by public offices to be 887,086 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Written statements of preparation of the F;

1. A brewing driver report, a driver's report on his/her parliamentary statement, and an investigation report (including each accompanying document and photograph);

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

1. Articles 144(2) and (1), 136(1) (a) of the Criminal Act, Article 141(1) (a) of the Criminal Act, Article 148-2(2)2 and 44(1) of the Road Traffic Act concerning facts constituting an offense;

1. The crimes of injury resulting from the obstruction of performance of official duties under Articles 40 and 50 of the Criminal Code and the crimes of injury to public goods are more severe.

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