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(영문) 대전지방법원 공주지원 2012.12.26 2012고합91
특수공무집행방해치상등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2012, around 02:35, the Defendant: (a) obstructed the performance of official duties; (b) on the road in front of the Chungcheong-do Construction Business Office, which is instigates Triju City, and (c) on the road, the victim E (the Inspector belonging to the D Zone Unit of the Public Police Station, who was in charge of preventing theft of agricultural and livestock products and drinking control, suspended the Defendant’s Faburt-turd vehicle for the purpose of inspection; (c) the Defendant

Therefore, when the victim and his/her assistant G, who is a police officer of his/her Dong knife the defendant in the patrol lane, when the victim and his/her assistant G, escaped from the patrol vehicle, and came to a lot in front of Yari, which is located in the Donri-dong, during the escape, and the defendant's vehicle, which is a dangerous object in order to detect the victim's vehicle from the patrol vehicle and to capture the crackdown on the drinking driving, got the victim to go beyond the road by shocking the victim's right side of the driver's vehicle.

As a result, the defendant assaulted the victim who is a police officer performing his duties with dangerous objects and obstructed the legitimate performance of duties by the police officer on drinking control, and suffered from the victim's scambling room which requires medical treatment for about two weeks.

2. On the same date and time as prescribed in paragraph (1), the Defendant driving a motor vehicle of so-called so-called so-called “weat” on the road from the front day of the drinking house to the front day of the container in Sejong Special Self-Governing City, to the front day of the Defendant’s container located in Sejong Special Self-Governing City. 51.15km with blood alcohol concentration of 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of I, J and K;

1. On-site photographs;

1. Investigation reports (indicator form) and reports on the detection of a host driver;

1. Investigation report (report on confirmation of the distance from driving under influence of alcohol by a suspect A);

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

1. Article 144(2) (main sentence) and (1) of the Criminal Act, the proviso of Article 144(2) of the same Act, Article 136(1) of the same Act (the point of causing special obstruction of performance of official duties), and

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