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(영문) 광주지방법원 순천지원 2016.07.13 2016고단495

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2016, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant was under the influence of alcohol in front of the C cafeteria at the C cafeteria, 0005, and was faced with the Victim F (22 years) at the Hacheon Police Station E, who was under the influence of alcohol driving control, and was parked in the front of the nearby new park, after discovering the Victim F (22 years) from the police station E, who was under the influence of alcohol driving control, and then parked in the front of the nearby new park.

In order to avoid the demand of the victim to take a drinking test, the Defendant assaulted the victim's face by drinking once a week, such as selling elbows once, etc., and inflicted an injury on the victim, such as the right arms and felbs, which need to be treated for about two weeks.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving, and inflicted an injury on the victim at the same time.

2. Violation of the Traffic Act (Refusal of measurement of drinking), Defendant 1, at the same time and at the same place as the above paragraph (1), was arrested as a current offender and moved to the king area of the net police station in order to avoid the crackdown on drinking while driving a 500-meter vehicle at the same time and at the same place as above, in order to avoid the crackdown on drinking, and was driven under the influence of alcohol, such as smelling to the Defendant from the JJ in the situation in which the net police station I belonged to the G, the Defendant was under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 25 minutes.

Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and K;

1. A written statement F and L;

1. Statement report on the situation of the driver at the main place and investigation report; and

1. Two photographs of damaged parts, four photographs, seven photographs of vehicles;

1. The application of the law of the medical certificate.