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(영문) 창원지방법원 마산지원 2017.05.10 2017고단345
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 9, 2017, the Defendant interfered with the performance of official duties and the Defendant injured the victim on the ground that the victim slope D (41 tax) belonging to the police station assigned to the police station sent after receiving a traffic accident 112 report in front of the first national highway of the 1399, taking into account the side of the Gyeongnam-gun, Jinnam-gun, Gyeongnam-gun around 2017, and the Defendant took part in the Defendant who took a bath to the other party.

C. The brupt theory, “Choe,” expressed that the part of the victim’s body is strong once by hand, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime, and at the same time, the victim was boomed with a brupt and a double wall that requires approximately two weeks of medical treatment.

2. On April 9, 2017, the Defendant driven a motor vehicle under the influence of alcohol by a police officer’s slope D belonging to a police station of the police officer’s age, who was dispatched after receiving a report of 112 at the location referred to in paragraph (1) of the preceding paragraph at around 19:5, on April 19, 2017, with the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, and drinking, etc.

Even though there is a reasonable reason to determine the person, the person did not comply with the measurement by failing to properly put the respiratory part of the drinking measuring instrument into the drinking measuring instrument, even though the person has been requested to take a measurement three times by up to 20:33.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written statement;

1. A written diagnosis of injury;

1. Reporting on the occurrence of a traffic accident and inquiry into the results of crackdown on drinking driving;

1. Application of field photographs and Acts and subordinate statutes concerning refusal to measure drinking;

1. Article 136 (1) of the Criminal Act applicable to the crime (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injuring an injury), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the point of refusing the measurement of drinking alcohol) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

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