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(영문) 부산지방법원 2016.04.05 2016고단514

상해등

Text

A defendant shall be punished by imprisonment for one year.

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 February 2, 2016, the Defendant was under the influence of alcohol with 0.203% of alcohol during blood, and around 01:15, the Defendant driven a f car at approximately 3.6 km from the road near the “D” restaurant located in Gangseo-gu Busan Metropolitan City, to the road front of the E-gas charging station located in C.

2. 상해, 공무집행 방해 피고인은 같은 날 01:19 경 부산 강서구 C에 있는 E 가스 충전 소 앞 도로에서 부산 강서 경찰서 교통 안전계 소속 경찰 관인 피해자 G(43 세 )에게 제 1 항 기재와 같이 음주 운전을 하다 단속 되었다는 이유로, 피해 자로부터 주 취 운전자 적발보고서 등 관련 서류의 작성을 요구 받자 갑자기 피해자에게 욕설을 하고 오른발로 피해자의 좌측 정강이를 1회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties by the victim on the drinking control and criminal investigation, and at the same time, damaged the victim's diversified character which does not require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. A copy of a photograph, written opinion, or portal site output;

1. Application of Acts and subordinate statutes to report on investigation (referring to reporting on hearing statements by reference G, who is an official of the police officer controlling interest on victims);

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 257 (1) of the Criminal Act (the point of injuring) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (in respect of the crime of injury and the crime of violation of traffic laws on roads, the punishment on the crime of injury and the crime of violation of traffic laws on roads shall be aggravated, except the lower limit;