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(영문) 창원지방법원 통영지원 2015.12.02 2015고단1076

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 this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 22:55 on October 30, 2015, the Defendant violated the Road Traffic Act (driving) driven a C rocketing car at a section of about 10 km away from the street in front of a restaurant in which it is impossible to identify the trade name in the Ariju-dong while under the influence of alcohol level of 0.106%.

2. On October 30, 2015, around 22:55, the Defendant: (a) obstructed the performance of official duties; (b) the police officer, who was under the influence of alcohol at the port of the 3370 Treatment Shipbuilding; (c) the Defendant, in response to the demand of the police officer, who was under the influence of alcohol at the influence of alcohol; and (d) the Defendant, in response to the demand of the victim D (the age 48) belonging to the Gando Police Station, who was in the vicinity of the 91 large-scale cell cell area located on the franchis coast, escaped; and (d) the victim D (the age 48) was demanded to move the vehicle to the left-hand side of the Jando Police Station to measure alcohol.

As a result, the Defendant interfered with the legitimate execution of duties by the police officers on drinking control, and at the same time, the Defendant inflicted on the victimized police officers about six weeks of medical treatment, such as divers to the left-hand check, complete diversing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Statement of the circumstances and report on the detection of such a driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. A medical certificate;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes to a written agreement;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of bodily injury, and punishment imposed on the crimes of serious bodily injury);

1. Selection of each sentence of imprisonment;

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;

1. Reasons for sentencing of Article 62-2 of the Criminal Act.