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(영문) 부산지방법원 2020.09.11 2020고단2847

상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2020, at around 00:01, the Defendant: (a) was under the influence of blood alcohol concentration of 0.109% in the vicinity of the Manduk-gu in Busan, but was under the influence of blood alcohol concentration of 0.109%, and (b) was under the influence of the Defendant, the Defendant was under the influence of C driving 7 vehicles; (c) was under the influence of the Defendant’s dwelling, and (d) the Defendant escaped

Accordingly, around 01:30 on the same day, the victim G of the F Zone belonging to the Busan East Police Station was requested by the traffic accident investigation team of the Busan Northern Police Station to provide the cooperation for the above traffic accident.

At around 01:55 on the same day, the defendant was requested to stop from the victim at the entrance of the vehicle at the 1st floor of the above apartment complex. At the time, the defendant was snicking and smelling on the face, and the victim requested the defendant to park the above slur vehicle to the right side at the time of locking, but the defendant escaped to the underground parking lot without failing to comply therewith.

The defendant continued to get off the above apartment 4th floor parking lot of the above apartment, and later, when the victim was arrested a flagrant offender due to the crime of violation of the Road Traffic Act, etc., the defendant shouldered his/her upper body and caused the murder to be removed, thereby making it impossible to identify the number of days of treatment.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender, and at the same time injured the victim.

Summary of Evidence

1. Application of damaged Acts and subordinate statutes to police statements G of the defendant's statutory statement;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act prevents a defendant from performing his/her duties, and at the same time, does not good quality of the crime, such as inflicting bodily injury on a police officer, and the degree of injury suffered by the victim.