Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the driver of C. E. E. E. E. E. E. E. E. M.
On July 27, 2016, at around 05:20, the Defendant was under the influence of drinking, etc. from the horse, E, etc. belonging to the Busan Shipping Police Station D department, where the Defendant was driving the said vehicle at the front of the entrance of the Pung apartment located in Busan Shipping Daegu, 227.
While the Defendant was confirmed as to whether drinking alcohol was drunk by the above E, the Defendant attempted to flee, disregarding the demand to stop the vehicle, and sought to stop the vehicle from the victim F (the age of 31) who was on the front side of the above vehicle, but was in a light-wing manner, the Defendant driven the vehicle at the speed of the above vehicle, which is an object of sudden danger, and operated beyond the center line, and driven beyond the center, and escaped with the left left part of the above vehicle.
As a result, the above victim suffered injuries, such as diversified typology, etc. in the left arms and belbows that need to be treated for about two weeks as going beyond the road.
Accordingly, the defendant carried dangerous articles and interfered with legitimate performance of duties by police officers on the crackdown on drinking driving, and caused the injury to the police officers.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment 2 of a medical certificate), investigation report (report attached to the indictment for the disposition of driving sound);
1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. Application of the sentencing criteria (determination of type), obstruction of performance of official duties, death or injury caused by special obstruction of official duties;