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(영문) 대전지방법원 논산지원 2014.10.31 2014고단242
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around March 16, 2014, the Defendant driven D Kan-kin car under the influence of alcohol concentration of about 0.186% without a driver’s license from the front of the ridge cafeteria at the Jinsan-si, Jinsan-si, the Jinsan-si, to the road near C in Seosan-si, the Defendant driven D Kan-kn-kin car without a driver’s license.

2. As to the obstruction of performance of official duties and the circumstance in which the defendant injured the victim, there is a somewhat different difference between the facts charged and the witness E’s legal statement, so it is deemed that there is no concern about causing a substantial disadvantage to the defendant’s exercise of his/her defense right, and therefore, it recognizes ex officio the facts charged

On March 2, 2014, at around 16:40, the Defendant: (a) driven under the influence of alcohol as stated in the preceding paragraph near C at the Seosan-si, Seosan-si; (b) received a report from 112 on a shock accident, and was called to the site, and received a drinking test from G, the police officer belonging to the F District Unit of the Seosan Police Station, Seosan-si, Seosan-si, the Defendant asked for a drinking test from the victim E (Nam, 25 years old); (c) “I am, whether I am, I am, I am, I am, I am, I am, I am, I am, I am, I would like to escape at a place between the police officer and waiting for a drinking measuring instrument at the site; and (d) the victim’s face was removed from the above police officer once again.

As a result, the Defendant committed a non-alleys that require approximately two weeks of treatment to the victim, and at the same time interfered with the legitimate execution of duties by police officers related to the handling of reports and criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of H;

1. Photographs, report on detection of a host driver, report on the circumstances of a host driver, F District Employees' Office, ledger of driver's license, photographs on accident site, and opinion, respectively.

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