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(영문) 창원지방법원 2018.01.11 2017고합290
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 November 23, 2017, around 03:36, the Defendant: (a) driven the CM Bank Coke 2, thereby demanding the Defendant to stop driving from the vehicle and stop driving on the ground that drinking was reduced due to the Defendant’s confirmation of drinking through drinking-free driving of drinking-free driving on the front of the 5th apartment in the front and the front of the 210-ro of the Kimhae-si, Kim Jong-gu, Kim Jong-young, the Defendant, at around 03:36, on November 23, 2017, on the ground that drinking was reduced through drinking-free driving.

The Defendant committed an injury to the victim, i.e., at least seven weeks of his driving license, by leaving the above vehicle, which is a dangerous object, even though the victim gets a window of the driver’s seat of the above vehicle in his hand, leading the victim, and going beyond the floor of the vehicle, on the other hand, caused the victim to undergo approximately seven weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties of police officers on the crackdown on drinking, and caused the injury to the injured person.

2. On November 22, 2017, the Defendant driven the said vehicle under the influence of alcohol content of about 0.062% in blood while under the influence of alcohol at a distance equivalent to about 1km from the front day of the restaurant for “freshing pigs” located in the Kimhae-si, Kimhae-ro, 144, 35-18, Kimhae-ro, Kimhae-ro, 144, to the front day of the “Korea-China” road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Report on occurrence (Bodily causing interference with the performance of special duties), failure to prepare the victim's statement record, investigation report (specific to a suspect), investigation report (limited to attachment of an Internet guidance search report), investigation report (related to CCTV confirmation, etc. following the moving line of a vehicle), investigation report (related to the confirmation of the suspect's drinking alcohol), investigation report (related to the confirmation of the suspect's drinking alcohol), investigation report (related to the confirmation, etc. of the suspect's drinking alcohol), investigation report (applicable in the above d

1. The details of the tea inquiry, the inquiry of residents and the head of household.

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