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(영문) 의정부지방법원 2017.01.12 2016고단2486

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 5, 2016, the Defendant: (a) driven a rash car under the influence of alcohol content of about 0.122% in the section of approximately 1km from the 1km to the road of approximately 96:0,000 in the south-si, Namyang-si, Gyeonggi-do.

2. The Defendant interfered with the performance of official duties, the date and time set forth in paragraph (1), and at the place set forth in paragraph (1), the police station C affiliated with the Southern-do Police Station C, and the security guards of the police station E box belonging to the above police station, asked for a measurement of drinking at the scene, but the Defendant refused it over twice and tried to escape at the scene, and assault the above F F’s left hand hand hand over and continued to do so.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the crackdown on driving of alcohol, and at the same time, the Defendant committed the inspection of the damaged party D(51) in need of approximately two weeks of medical treatment, and the inspection of the left side of the victim F(49 years of age) in need of medical treatment for about one week of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. A victim’s upper part photograph, hand-on video CD;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 (1) and Article 136 (1) of the Criminal Act (the point of being injured), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic 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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The operation of drinking for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend lectures may lead to large accidents by driving under the condition that the state of caution and physical exercise capabilities have been significantly deteriorated, and it may lead to large and unspecified accidents.