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(영문) 창원지방법원 통영지원 2017.06.29 2017고단420
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 19, 2017, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), even though he/she was asked to comply with the above request for a drinking-free measurement by inserting alcohol in a manner of inserting it into a drinking measuring instrument for about 30 minutes from around 23:00 to around 23:28, on the national highways No. 14 of the D gas station prior to the D gas station, which was under the influence of drinking-free driving, and was discovered to be a policeman belonging to the Posing Police Station E, who was under the influence of drinking on the national highways No. 14 of the D gas station E, which was under the influence of drinking-free driving.

2. The Defendant: (a) was under drinking control at the same date and time as described in paragraph 1; and (b) was under drinking control at the same place as described in paragraph 1; (c) was pushed the chest of the slope G belonging to the police station E on five occasions in both hands; (d) was pushed down the chest of the police officer F, who was under drinking, and then was sleeped by the h, I, and J spath.

The Defendant continued to stop the Defendant’s wife up to the road by keeping the police officers away from the road, carrying the sacrific safication, brush the saf, knick G’s hand into the road, and knick G’s ebbbage, and ebbbbbling it, and ebbbling it over the upper bottom.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on regulating driving of drinking, and at the same time, the Defendant inflicted injury on the victim F, such as knee in the right-hand kne part which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, notification on the results of regulating the driving of alcohol, and refusal to measure;

1. Each statement of H, I, and J;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Competition;

1. Punishment;

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