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(영문) 울산지방법원 2015.02.06 2014고단3860
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 00:45 on August 16, 2014, the Defendant driven a B-hand motor vehicle with a blood alcohol content of at least 0.104% from a section of approximately 500 meters to the front road of the Kanpo-gu Hanpo-dong in Ulsan-gu, Ulsan-gu, Seoul-do.

2. The obstruction of performance of official duties, the Defendant, at the same time and place as described in Paragraph 1, was arrested as a flagrant offender under suspicion of a violation of the Road Traffic Act (driving) from the victim’s slope D (Age 41) belonging to the Ulsan Southern Police Station C District, Ulsan District Police Station, and E (Age 28) belonging to the same police officer (age 28).

The defendant said that "the victims have not driven the feasia, I amba, I amba, I amba," and that the victims were pushed down and attempted to flee as they are, the victims were prevented and the victims got on the floor in the process of taking the beasing the defendants.

The defendant continued to engage in the injury of the victim E, the chest part of the victim E, the injury of the blusium 8 that requires approximately 4 weeks of medical treatment to the victim D, such as the car of the victim D's chest part, and the injury of the blusium at approximately 2 weeks of medical treatment to the victim E, and the injury of the victim E, such as the blus joint 2 and the clusium of the 3 weeks of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties of a police officer's arrest of a flagrant offender and inflicted an injury on the victims at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written request for cooperation in investigation, a written request for cooperation in investigation (E);

1. Application of each medical record and each medical certificate to Acts and subordinate statutes;

1. Relevant provisions of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts, and Article 136(1) of the same Act concerning the obstruction of performance of official duties.

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