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(영문) 창원지방법원 2017.09.27 2017고단2746
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Defendant 1 was under the influence of alcohol level of 0.140% during blood, Defendant 2 driven a CSS5 car at approximately 13 km from the front of the 9247 ambroon-ro, Changwon-si, Changwon-si, Changwon-si, and Eup, as the Eup was located in the 00:52 on April 20, 2017, and around 13 km from the front of the 9247 ambroon-ro, Changwon-si, Changwon-si, Changwon-si, 109.

2. Interference with the performance of official duties, the injured defendant suffered damage in front of the same date and time as mentioned in paragraph 1, 109, and in front of 109, the victim's circumstances E, etc., who is the police officer affiliated with the police station D, which was under the control of drinking driving, was arrested, and was arrested, and was asked for a drinking measurement by E, making the victim's face available for drinking, making the victim's face available for drinking, and taking the victim's right hand away from the victim's face.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the crackdown on driving of alcohol, and at the same time, the victim went on the right-hand side in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 of the Traffic Act concerning facts constituting an offense, Article 148-2 of the same Act, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act

1. Imprisonment with prison labor for commercial competition;

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. The punishment of Articles 53 and 55(1)3 of the Criminal Act to be imposed on the former sentence (unapplicable only when the sentencing criteria are not applicable): Imprisonment with prison labor for the two-year period: High blood alcohol concentration, accumulated criminal records of drunk driving (one time a fine for suspended execution), and grounds for mitigation of punishment, such as criminal records of violent assault (one time a fine for suspended execution), etc.: Confession, non-criminal records of victimized police officers, etc.;

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