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(영문) 수원지방법원 여주지원 2021.01.29 2021고단15
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around December 4, 2020, the Defendant, who obstructed the performance of special official duties, was drunkly driven by a CNS G80 vehicle on the front of ENS G80 on the road prior to ENcheon-si, and was trying to drive the remaining vehicle after discovering police officers who were under the influence of drinking restrictions and exposing alcohol, and subsequently making the vehicle available for drinking.

Even though the head of the Dong-cheon Police Station D affiliated with D orders to stop and stop to control the driving of alcohol to the defendant, the defendant, disregarding such orders, was driving the vehicle in front of the above vehicle.

E is going beyond the floor by continuing the E as it is.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. The Defendant damaged a special property: (a) while driving the said road that was damaged by drinking alcohol at the time and at the place specified in paragraph 1, the Defendant was driven by the victim F, who was driving on the right side of the road normally in the direction of the running of the said G80 car, and the said G80 lane in which the Defendant driven the Defendant’s driving on the left part of the G Yluri-ri car and the pentum part.

Accordingly, the defendant carried dangerous articles and damaged the victim's property so that the 813,756 won of repair cost was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement, written estimate, and written statement about F;

1. Application of the written agreement (F. E) on the statement statement protocol to E;

1. Articles 144 (1), 136 (Obstruction of Performance of Special Duties), 369 (1), and 366 of the Criminal Act concerning facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month from the scope of the recommended sentence to one year (unlimited to the penalty);

2. The fact that the instant crime was committed to avoid the decision of the sentence and the control of driving under the influence of alcohol, and the risk of the attitude of the act, etc.

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