도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
A. The following arrest: (a) the Defendant, at the 112 patrol vehicle, resisted against the Defendant’s 112 patrol vehicle to avoid leaving the part of E, walking twice the part of E, and (b) the Defendant, even after the patrol vehicle, engaged in an injury to E, such as a sprink, which requires treatment for about 14 days, by driving at one time the right part of E with the right part of E, following the patrol vehicle.
As a result, the defendant interfered with legitimate execution of duties of police officers' criminal investigations, and at the same time injured the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement of F, G, H and I;
1. A written diagnosis of injury;
1. A photograph, a photograph, a drunk-driving, or a fluorous video CD by cutting down each course of course;
1. A copy of the report processing table and the notification of the results of regulating drinking driving;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Articles 148-2 (1) 2 and 44 (2) of the Traffic Act (the refusal of measurement by drinking), Article 136 (1) of the Criminal Act (the obstruction of performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is [the scope of recommended punishment] The reason for sentencing under Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommended punishment] (the scope of general injury) is the basic area (from April to January 1), the minor injury (the special mitigation (the special mitigation)] / In the case of interference with the performance of official duties, * in the case of concurrent crimes: the violation of the Road Traffic Act is not set a sentencing guidelines. Thus, the lower limit of the recommended punishment is not set. Thus, the crime of this case is not observed (the decision of sentence] because the defendant was discovered while driving a motor vehicle while driving the motor vehicle, and it is not good that the crime was committed that the defendant interfered with the performance of official duties, such as assaulting a police officer, and that there is a same kind of power.
Provided, That the punishment as ordered shall be determined in consideration of the favorable circumstances, such as the fact that the defendant has committed a crime and reflects the wrong, and the fact that the defendant deposited for the victim, etc.