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(영문) 수원지방법원 평택지원 2020.03.26 2019고단1474
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. Around 00:30 on August 24, 2019, the Defendant driven a motor vehicle from the front side of the C Hospital located in Pyeongtaek-si B to the front side of Pyeongtaek-siD with approximately 3.69km alcohol level of about 0.04% under the influence of alcohol level of around 0.64%.

2. On August 24, 2019, at around 00:35, the Defendant: (a) discovered that police officers belonging to Pyeongtaek-gu Police Station Galle-gu were drinking control at the front of the Pyeongtaek-gu Police Station Galle-gu and escaped to avoid drinking control; (b) the victim slope H belonging to the above police station, who discovered the above police station, was on board the Defendant during the first patrol vehicle and concealed the Defendant at around 00:40 on the same day; (c) the Defendant obstructed the front of the vehicle operated by the above patrol vehicle; and (d) the Defendant interfered with a police officer’s legitimate drinking control by shocking the back part of the patrol vehicle, which is a dangerous object for continuing flight, and interfered with the police officer’s execution of the duty of driving alcohol control, and at the same time, destroyed and damaged the above patrol vehicle used by the above police station by harming the police officer’s legitimate operation of drinking control; and (d) it is reasonable for the Defendant to repair the above patrol vehicle to be repaired by 3690%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The circumstantial report on the driver, the report on the circumstances of the driver, the report on the driver's oral statement, the notification of the results of the crackdown on the driver's driving, the making of an inquiry, and the investigation report (the vehicles boomed video);

1. Written estimate of repair costs;

1. Application of Acts and subordinate statutes to field map, field photograph, and black stuff photographs;

1. Relevant provisions of Articles 144(1), 136(1) and 141(1) (a) of the Criminal Act concerning criminal facts, Articles 148-2(3) and 3 of the Road Traffic Act, and Article 44(1) of the same Act concerning the selection of fines for negligence;

1.Article 40 of the Criminal Code of Trade and Trade.

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