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(영문) 창원지방법원 마산지원 2014.08.12 2014고단431

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Around 00:50 on April 17, 2014, the Defendant driven a B car in the state of alcohol of 0.163% alcohol content in front of the Samju-si Changwon-si, Changwon-si, Changwon-si. 11.

2. The obstruction of performance of official duties, the Defendant, at the above date and time, fled C belonging to the traffic control department of the Msan District Police Station at the above place, and the police officer, waiting for a drinking test by drinking driving from the Inspector D, had escaped to the Defendant’s house located in Masan City, Masan-si E by taking advantage of the gap where the surveillance by the police officer was neglected, and the police officer found the Defendant’s house for a drinking test at around 01:50 on the same day.

The above police officers were able to see whether or not the Defendant died of a person, why is, why why is, and how to see, how to see, and how to see the mind. The Defendant refused to take a drinking test, and the Defendant said that the victim D attempted to arrest the Defendant as an offender in the act of violating the Road Traffic Act (fluence, it would be impossible to do so, and it would be impossible to do so). On the other hand, the Defendant got off the part of the above D’s entry alcohol one time, and carried out an internal gambling room in need of approximately two weeks of treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to appraisal commission and reply;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Articles 257 (1) and 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that an error is repented, etc.);

1. Social service order under Article 62-2 of the Criminal Act;