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(영문) 수원지방법원 2017.07.11 2017고단1899
상해등
Text

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

1. On March 12, 2017, the Defendant was driving a DNA window car under the influence of alcohol level of approximately 0.161% from the section of approximately 1.9km to the front road of the 108-ro 8 in the old ropo-ro 108, “a new stop pharmacy” located in the 289-ro, the wife population of the Defendant around 22:35, 2017.

2. On March 12, 2017, around 22:50 on March 12, 2017, the Defendant: (a) was asked by a police officer who was arrested as a flagrant offender under the suspicion of violating the Road Traffic Act (driving of Drinking) to enter the F police box by G with the view that “I am h h, anywhere I d h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

As a result, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders, and at the same time injured the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the detection of a primary driver;

1. A criminal investigation report (Securing and analyzingCCTV images);

1. Application of Acts and subordinate statutes to photographs and opinions of victims;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 257 (1) of the Criminal Act (the point of inflicting bodily injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated within the scope of the sum of the long-term punishments specified for the heavier injury crimes and the aforesaid two crimes: Provided, That the lowest sentence shall be determined by the penalty specified for the crime of violating the Road Traffic Act];

1. The Criminal Act, the suspension of execution;

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