logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.22 2016고단8392
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault Defendant 20:25 on November 24, 2016, in front of E in Namdong-gu Incheon Metropolitan City, the victim F (5 years of age) who was f (55 years of age) with the victim F (55 years of age) was hined with the victim himself/herself.

In doubt, I tried to shock the said victim F, which is a dangerous object to the said victim F, by provoking a line of line, but F was faced by the said victim, and the latter followed by the latter.

F’s fraudulent damage G(37 tax) caused by the above-mentioned vehicle to be the driver’s seat in the above-mentioned knife of the said knife of the said knife.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. The Defendant, who refused to take a drinking alcohol measurement, was arrested as a flagrant offender in the assault case of paragraph 1, and led to the arrest of the Defendant in the area of H in the Nam-gu Incheon Metropolitan City.

The defendant was under the influence of alcohol to a police officer who had been dispatched.

Inasmuch as there was a statement and the Defendant’s entry, it was drunk at the time of driving the van, such as Paragraph 1.

there was a reasonable reason to determine the person.

Accordingly, the 1st, 21:04, 21:14, 21:14, and 21:27, 3rd, etc. were demanded by the J of the above I District to measure alcohol consumption on three occasions.

Nevertheless, the defendant has avoided it by a method that does not put the breath of a drinking measuring instrument properly and has not complied with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a statement on the circumstances of driving at home, a report on detection before driving at home, a photograph, and an investigation report;

1. Relevant legal provisions and special assaults about criminal facts: Violation of Article 261 and Article 260 (1) of the Criminal Act to refuse the measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes (However, the lowest limit).

arrow