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A defendant shall be punished by imprisonment for 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
On November 20, 2015, the Defendant driven a B SP car on around 22:10, while driving a D cafeteria in front of the D cafeteria located in Jinju City, the Defendant was requested by the auxiliary police officer belonging to the Gyeongnam National Police Agency, who supported the duty of drinking control at the place, to respond to the drinking measurement from F, and put the respiratory in the drinking reduction machine.
When the Defendant was confirmed to have a drinking-free drinking, and received a demand from F to change the atmosphere to measure the alcohol concentration in the course of his blood, the Defendant got the driver’s license to be revoked or suspended due to driving of drinking, and the Defendant escaped to a distance-free distance. When the Defendant was f that was driven by the Defendant, the Defendant was able to keep the F from drinking once.
As a result, the Defendant interfered with the legitimate execution of duties by police officers' assistance in the crackdown on drinking alcohol, and inflicted injury on the victim F (21 years old) such as salt, tension, etc. requiring medical treatment for about 10 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant interferes with the execution of official duties by causing injuries to police officers while the defendant does not comply with the measures to regulate the drinking of police officers, and the crime is not very good.
However, the fact that the defendant reflects his crime, that the defendant reached an agreement with a police officer, that the defendant has no record of punishment other than a fine, etc. shall be considered as a favorable condition to the defendant, and other various sentencing conditions as shown in the records and changes of the case, such as the defendant's age and sexual behavior.