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(영문) 서울중앙지방법원 2017.03.30 2017고단122
직무유기
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

The defendant is a person who has been in charge of drinking control, traffic control, etc. as the head of the D Team of the Seoul Gangnam Police Station (a police box belonging to the Seoul Gangnam Police Station E Team).

On November 19, 2015, the Defendant: (a) around 23:30 on November 19, 2015, as Gangnam-gu Seoul Metropolitan Government (the area between Gangnam Station and the active duty service) performed the duty of regulating the taxi in Seocho-gu, Seocho-gu, Seoul (the area between Gangnam Station and the active duty service); and (b) the police officer D of the Seoul Gangnam Police Station D assigned to the Seoul Gangnam Police Station where “I, who is a seat of G, controlled the drinking driving.”

“On the basis of the phone call to the purport, Seoul Gangnam-gu, Seoul J, taken over the I’s new illness controlled by the patrol team at the time of driving a vehicle in the state of drinking, measured drinking, or prepared a statement report, etc. on the circumstances of the driver at the State, and abandoned his/her duties without good cause, without any justifiable reason, without taking any measures such as handing over it to the traffic accident investigation team.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each police statement made to I, L, M, N, orO;

1. A P statement;

1. Application of Acts and subordinate statutes concerning the place of service in the patrol team, the report on the hearing (a violation of the details of confidence in the military at the time of the misconduct committed by A during the period of the person involved), and the details of communication related to misconduct;

1. Article 122 of the Criminal Act applicable to the facts constituting an offense and Article 122 of the choice of punishment;

1. Considering that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the first offender without any previous conviction, and that the Defendant was sealed as a police officer for about 25 years, a police officer in charge of the duty of regulating drinking driving may maintain the police officer’s status by having a police officer later drive a motor vehicle of a person suspected of driving drinking, without taking measures such as taking a measurement of drinking, etc. for a person suspected of driving drinking, and by having him/her return to the police station on the patrol.

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