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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1331
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 24, 2017, the Defendant: (a) driven B SM7 car under the influence of alcohol content of approximately 0.183% in a 50-meter section from the front day of the main road in the center of the north-gu north-gu in the north-gu at the port to the 01:50-day street from the front day of the main road in the north-gu in the middle of the 01:50-day street; and (b) from around 500 meters to the 403-dong underground parking lots of approximately 0.183% in blood alcohol content.

2. On September 24, 2017, around 01:50, the Defendant: (a) obstructed the performance of official duties; and (b) caused the Defendant’s injury on the above apartment 403 underground parking lots; (c) caused the Defendant to shock and go against the fluences set up on the side of the road by a car; and (d) caused the police officers, such as the Victim D (28 years old), etc., belonging to the police box of the North Korean Police Station of the Port of this paragraph, to drive the Defendant and to verify the identity of the police officers, such as the victim D (28 years old).

The victim tried to flee from the vehicle "," and the victim prevented it, thereby shouldering the left part of the victim's left part.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention of crimes and the maintenance of order by the police officers, and at the same time, the defendant put up the following arms open to the victim requiring medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 of the Traffic Act (on the road), Article 257 (1) of the Criminal Act (on the part of an injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant repents his mistake, the defendant does not have any criminal record, and the defendant is the victim.

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