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(영문) 대구지방법원 서부지원 2018.12.06 2018고합198
특수공무집행방해치상등
Text

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

Reasons

Punishment of the crime

1. On July 3, 2018, the Defendant: (a) around 21:40 on July 3, 2018, while driving a Brane car in front of the Daegu ICT Underground Road located in Daegu-dong, Daegu-gu, Daegu-gu, which controlled drinking; (b) was asked by Police Officer D of the Police Station C to stop the said car at a police station; and (c) was able to have the victim escape.

Defendant 1 driven the said car and sent a stop signal on the side of the driver’s seat of the said car, which is an object dangerous to the flight of the said car, and caused the Defendant to go beyond the floor.

As a result, the defendant, carrying dangerous objects and assaulted D, interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking, and, at the same time, carried out the hand, hand, hand, and other parts of D in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, while escape from drinking control as referred to in the preceding paragraph, was arrested in front of the Daegu-gu E-Ba on the same day at around 22:10, and was driven under the influence of alcohol by the Defendant, such as a drinking distance from the border F of the police station C to the Defendant’s entrance, while drinking and drinking from the Defendant.

Although there are reasonable grounds to determine a person, even though he/she has been requested to respond to the measurement of drinking by inserting the dice measuring instrument three times between about 10 minutes, he/she did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A criminal investigation report (to attach a victim's DNA camp to the victim's camp);

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes governing the increase of public officials;

1. The main sentence of Article 144(2) and the main sentence of Article 144(1), Article 136(1) (a) of the Criminal Act concerning the crime, and Article 148-2(1)2 of the Road Traffic Act concerning the crime;

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