logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.13 2018고단265
상해등
Text

A defendant shall be punished by imprisonment for seven 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. On January 17, 2018, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divated without a license) driving a G liquid emul-sports truck under the influence of alcohol leveling 0.088% of alcohol level without a driver’s license on the 4km section from the road near the trade influence of Yangju-si, to the two-way viewing roads located in the 1533 km-ro, Yangju-si; (b) from the road near the trade influence of Yangju-si; and

2. Around 03:05 on January 17, 2018, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant: (a) at the I police box located in Triju-si, Triju-si, while drinking alcohol and driving on the two-lanes of the road; (b) even though the Defendant stated that he was traveling along with the police officers who received 112 a report and called him to return to the said police box, he did not return to the police station; and (c) requested a substitute officer to stop back without returning to the police station; and (d) demanded the police officer to return back from the police station; and (e) the Defendant was tightly pushed the top of K’s face of the police box that had been on duty and carried out two times at the same time; and (e) the victim K (the age of 57) was in need of medical treatment for about 14 days.

As a result, the defendant interfered with legitimate execution of duties of police officers on public peace and maintenance of order, and at the same time inflicted injury on K of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Notification of the results of regulating the driving of alcohol, the driver's license ledger, damaged photographs, and the report processing slip of 112;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

arrow