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(영문) 서울중앙지방법원 2019.04.26 2019고합144
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On September 22, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2.5 million at the Seoul Central District Court on September 22, 2008; on October 21, 2010, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million with a penalty of violating the Road Traffic Act at the Central District Court of Seoul Northern District on September 1, 201; and on September 1, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million with a penalty of KRW 3 million with a penalty of violating the Road Traffic Act.

On January 28, 2019, from around 23:10 to 23:50 the same day, the Defendant driven a DNA-type car under the influence of alcohol content of 0.185% from the section of approximately 60km to the front road of the Seoul, Nowon-gu, Seoul, for the first time at the “C”-type restaurant located in Gangnam-gu Seoul, Seoul.

2. On January 28, 2019, the Defendant injured by special obstruction of performance of official duties: (a) discovered that police officers belonging to the Seoul Gangnam-gu Seoul Southern Police Station FF are under the influence of drinking on the road in front of Seoul Gangnam-gu, Seoul; and (b) began to flee at a sudden speed to avoid this; (c) the police officers belonging to the Seoul Gangnam-gu Police Station sent a broadcast to stop on the Defendant’s driver’s vehicle while disregarding the broadcast to the Defendant’s driver’s vehicle; (d) while the police officers, who escaped along the same lane via the Gangnam-gu, Seoul Metropolitan City’s 231-lane and the Olympic Games, were unable to continue to drive along the same lane because the vehicle line was narrow at the front one lane; and (e) the vehicle line was changed to the two-lane line; and (e) led to conflict with the direction of the Defendant’s vehicle that was at the right side of the Defendant’s vehicle, a dangerous article at the left side of the patrol.

Accordingly, the defendant assaults a police officer who is performing official duties by carrying dangerous things, and obstructs his legitimate performance of duties concerning the drinking driving control, and thereby, he is weak to G (27 years of age).

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