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(영문) 전주지방법원 남원지원 2014.10.07 2014고단206

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 18, 2014, around 05:43, at the center of the road near Southern-si, the Defendant: (a) was under diving while stopping the Defendant’s DNA rocketing taxi at the center; (b) expressed that, upon receiving the 112 report, the victim, who was dispatched to the site upon the 112 report, “hyping off the victim’s face” was asked by E in the Southern Police Station, the victim, who was called the scene, at the same time, at the time of drinking once, the Defendant interfered with the police officer’s legitimate performance of duties concerning handling of the 112 reported case; (c) at the same time, the victim interfered with the police officer’s legitimate performance of duties concerning handling of the 112 reported case; and (d) inflicted injury on the victim, such as damage to the reputation of an unknown face

2. On August 18, 2014, the Defendant: (a) driven a road from the front of, and the road set forth in paragraphs (1) of this Article, which is in the way of drinking alcohol, in a way of drinking alcohol, on August 18, 2014, and then was arrested as a flagrant offender under suspicion of obstruction of performance of official duties; (b) on the same day, at around 06:59, the Defendant was required to respond to a drinking test by means of assaulting the above guards E who called to the scene at the same time; and (c) on the same day, at around 06:59, there were reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking alcohol, such as making the Defendant sniffing with drinking alcohol, and making a heavy flow of alcohol during about 30 minutes from the above circumstances.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Ethical letters;

1. The circumstantial statement of the employee;

1. Two copies of a medical certificate;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (related to refusal of measurement);

1. Relevant Article 136 (1) of the Criminal Act for the crime, Article 257 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act for the crime;

1. The Commercial Concurrent Crimes Act.