beta
(영문) 의정부지방법원 2014.02.13 2013고단4585

상해등

Text

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

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

Reasons

Punishment of the crime

1. On November 22, 2013, the Defendant: (a) reported on November 22, 2013, the obstruction of performance of official duties and the injury of the Defendant: (b) on the 112-round 01:47, on the road in front of the Mayang-dong 83-13, and reported that the drinking driving is doubtful; and (c) on the slope E (45) belonging to the Do Government Police Station D Zone D, which was called up, and F (26 years old) belonging to the same district group, was found to have been driven in the driver’s seat; and (d) requested the Defendant and the Defendant to check the drinking in the vehicle

이에 피고인은 피해자 E에게 "비켜, 씨발 새끼들아"라고 말하면서 피해자 E의 어깨를 밀치고, 피해자 E의 가슴을 피고인의 주먹으로 때리고, 발로 피해자 E의 다리를 걷어차고 계속하여 옆에 있던 피해자 F가 "왜 이러세요"라며 피고인을 제지하자 피해자 F의 어깨와 가슴을 주먹으로 때리고, 발로 피해자 F의 다리를 걷어찼다.

At around 02:15 on November 22, 2013, the Defendant continued to interfere with the legitimate execution of duties by police officers on the drinking control by walking knee and shoulder gates of the victim E once, and at the same time, sustained knee-free injury to the victim E in need of approximately 2 weeks of medical treatment.

2. On November 22, 2013, the Defendant was demanded to comply with a drinking test by inserting the breathm measuring instrument into a drinking measuring instrument over about twenty minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, smelling, snicking, snicking, etc., from the slope E belonging to the said D Zone, at the D Zone Zone located in Do Government-si. < Amended by Act No. 11614, Nov. 22, 2013>

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The statement of H 1.

참조조문