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(영문) 대구지방법원 경주지원 2015.04.29 2014고단966
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On November 9, 2014, at around 18:50 on November 18, 2014, the Defendant: (a) caused a drinking traffic accident in the clean instructor distance located in the Cheongdong-dong-dong-dong-dong-gu, and (b) was found to have been 0.190% of the blood alcohol concentration as a result of the breath measurement conducted by the Yellow Police Station at around 19:48 on the same day; and (c) accordingly, the Defendant appealed from blood in the emergency room located in B at the time of racing

At around 20:20 on the same day immediately after collecting blood, the Defendant expressed a complaint to the victim E assistant, a police officer assigned to the above emergency room, for drinking control, and attempted to take a time room to “if drinking control was conducted, to change the key of the vehicle, to change the key of the vehicle,” and to take a time room for the victim to voluntarily receive a recommendation from the victim for voluntary return from the victim, and then to take the victim’s chest again.

As a result, the defendant interfered with legitimate execution of duties related to E drinking control, which is a police officer, and at the same time, he saw the victim as being in need of treatment for about one week.

The Defendant is a person who is engaged in driving a FSM518 vehicle in 2014.

On November 9, 2014, the Defendant driven the said car while under the influence of alcohol of 0.224% of blood alcohol level around 18:50 on November 18, 2014, and tried to drive the said car along two-lanes from the direction of the port of distribution to the direction of Ulsan. The Defendant changed the course into one-lane.

In such cases, the driver of the vehicle has a duty of care to safely change the lanes by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to perform his duty of care in a state where normal driving is difficult due to such influence of drinking as above, and due to the negligence of changing the course as is, the Defendant left side of the said passenger vehicle and the fenced part of the said passenger vehicle, which led in the same direction to the right side of the G Driving car.

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