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(영문) 부산지방법원 서부지원 2018.02.13 2017고단1489
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 September 17, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a car without obtaining a driver’s license on around 23:20 on September 17, 2017. The Defendant: (a) transleted B in front of the 549-ro 6th (In the lower end) apartment zone, as the Busan Seo-gu, Seo-gu, Busan.

2. The defendant interfered with the performance of official duties and the injured person's act of stopping the vehicle according to the direction of D, which is the auxiliary police officer belonging to C, while driving the vehicle at the above time and at the above location, and responded to the alcohol measurement. However, the driver was able to find out whether the driver without the license was fluence, and the driver was fluenced with the driver's seat frame of the driver's seat of the above D, the driver's driver's seat of which the driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's hand, leading

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the occurrence of each traffic accident in E and D;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (the point of harm) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

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 (to the extent that the punishment for the above two crimes is aggregated);

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

1. The crime of this case on the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Criminal Act is an act of inflicting bodily injury upon a police officer under the influence of alcohol measurement to avoid punishment due to non-licensed driving. This is a legitimate exercise of public authority.

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