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(영문) 창원지방법원 마산지원 2016.06.14 2016고단324
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. Around 00:15 on March 5, 2016, the Defendant driven a D-hand car under the influence of alcohol concentration of about 0.162% in the direction of “C” located in B from the front of the Do referred to as “C” in front of the apartment following the new apartment located in the Chang-si, Yongsan-gu, Changwon-si, the Changwon-si, and located in the Eup.

2. On the front of the “C” in the Changwon-si, Masan-si, the date and time indicated in paragraph 1, in front of the “C”, the Defendant was asked by the police officer affiliated with the police station E box in the Masan-dong Police Station in the Masan-dong, Busan-dong, Busan-dong, who was called after receiving 112 a report that the occurrence of a traffic accident occurred, about whether to drive the vehicle or not, and the victim was asked by the victim, who was asked by the police officer F of the victim’s situation, who was called the police officer affiliated with the police station in the Masan-dong, Chungcheongnam-dong, Busan-dong, Seoul-dong, who tried to leave the scene, and tried to leave the scene, and the victim’s trees were cut down by hand from the damaged person, and continued to open the victim’s right bow and the number of the back water was faced with the floor.

As a result, the Defendant interfered with police officers' performance of duties concerning the prevention, suppression and investigation of crimes, and maintenance of order, and at the same time, the Defendant inflicted two injury on the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement on the circumstances of the driver involved, a response to a request for appraisal, and a report on the detection of the driver involved;

1. Application of each statute on photographs;

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 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. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (in the case of more severe injury than punishment) of the Aggravation of Concurrent Crimes.

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