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(영문) 창원지방법원 2018.10.05 2018고단2107
상해등
Text

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

Reasons

Punishment of the crime

[Criminal Records] Violation of Traffic Act (Drinking, 2010): Fine of 5 million won for a violation of Traffic Act (Drinking, 201): Fine of 3 million won for a violation of the same Act (Drinking, 201): Criminal facts

1. Defendant 1 was under the influence of alcohol level 0.181% during blood, Defendant 2 driven a c-wing vehicle at the section of about 300 meters from the c-wing bridge located in the Gambro-dong in Kimhae-si on August 14, 2018 to the c-wing bridge located in the same Sammun-dong around that time.

2. On August 14, 2018, the Defendant interfered with the performance of official duties and the injured Defendant viewed drinking at the request of the victim D (son, 27 years old) who was a police officer, who was under the control of drinking while driving alcohol as set forth in paragraph 1, and sees the talk that the victim measured the alcohol level at 0.181% of the blood alcohol level from the injured party and gave a numerical value equivalent to the revocation of the license. However, in a case where the victim’s snow part was fluent, the Defendant 14 days’ eyed the victim’s eye, and boomed the victim’s eye and boomed around the snow, which require treatment for about 14 days.

As a result, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties) and Article 257 (1) of the Criminal Act

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

1. 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. The sentencing of Articles 53 and 55(1)3 of the Criminal Act on the reduction of the amount of punishment is a person who has a special sentencing factor (the representative explanation is limited to a crime of obstructing the performance of official duties) for the sentencing guidelines between August and June 1 to June 4 years from the base of the reduction of the amount of punishment: the recommended sentence that there is no corresponding person.

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