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(영문) 의정부지방법원 고양지원 2016.06.10 2016고합66
특수공무집행방해치상등
Text

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

Reasons

Punishment of the crime

On May 13, 2009, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking driving), etc. on November 12, 2009, and was sentenced to a suspended sentence of two months on April due to a violation of the Road Traffic Act (drinking driving) in the Gyeyang Branch of the Jung-gu District Court on November 12, 2009. On November 23, 2012, the Defendant was sentenced to a suspended sentence of two years on August 23, 2012, and was sentenced to a suspended sentence of two years on August 23, 2012.

Criminal facts

1. On January 13, 2016, the Defendant driven a Esp motor vehicle under the influence of alcohol content of about 0.146% in a section of about 1km from the 1km to the front road of the “D” restaurant located in Pakistan-si, Seo-gu, Busan, Seo-gu, Seo-gu, Pyeong-gu, Seoul, in order to improve the speed of the Defendant at around 23:05, driving the Esp motor vehicle under the influence of alcohol content of about 0.146%.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

2. The Defendant caused interference with the performance of special official duties, driving the said E SP car at the time specified in paragraph 1, driving it along one lane in front of the “D” restaurant at PP, and driving it along one lane at PP, and receiving instructions from G(19 tax) for the control of drinking driving from G (19 tax) who is affiliated with F of the F of the F of the G National Police Agency of the Gyeonggi Local Police Agency.

At this time, the Defendant, as seen above, was under the influence of alcohol level of 0.146%, and thus, would be punished for driving under the influence of alcohol, raising the window of the driver’s seat of the above SPP car, which is a dangerous object, by disregarding the above instructions and raising the window of the above SPP car, and even though G’s knick kicked between the window of the driver’s seat and the window frame, the above G driven exceeded 45 meters on the road.

As a result, the defendant uses a sprink car, which is a dangerous object, to assault G and interfere with the legitimate performance of duties by police officers on the crackdown on drinking driving, and thereby, G is weak.

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