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A defendant shall be punished by imprisonment for not more than ten 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 January 31, 2016, the Defendant was driving a D Poter vehicle under the influence of alcohol content of about 0.141% in the blood while under the influence of alcohol from the vicinity of the “Nou Puu Puu Puart” factory located in 351, Annyang-si, Annyang-si, Annyang-si, Annyang-si, to the 4km-si, an luminous-ro 4km-ro.
2. On January 31, 2016, around 17:25, the Defendant: (a) took part in the process of arresting the victim F (53 tax) who was in the presence of the police station E District patrol 1 team of the Gyeonggi-gu Police Station, and was dispatched after receiving a report related to drinking driving 112 in front of the six-day sexual intercourse in writing; (b) took part in drinking and took part in an arrest of the victim under suspicion of drinking driving; and (c) took part in drinking at one time, the Defendant inflicted an injury, such as taking part in the victim’s eye, which requires approximately three weeks of medical treatment.
As a result, the defendant interfered with legitimate execution of duties of police officers' criminal investigations, and at the same time injured the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation report (Attachment of documents related to driving of suspect's drinking);
1. Application of Acts and subordinate statutes to the written diagnosis of victims;
1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (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, Article 38 (1) 2, and Article 50 of the same Act (the maximum and minimum limits of a long-term punishment shall be the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In the basic area (from June to January to April), the basic area (the scope of recommendation) of the first type of injury (the scope of general injury) (the scope of recommendation from June to January), the basic area (the scope of general injury) of the punishment (the special mitigation (the special mitigation (the special mitigation)) (4 to one year and six months)), which is the basic area (the scope of recommendation from April to June).