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(영문) 청주지방법원 영동지원 2016.05.26 2016고단39
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2016, the Defendant: (a) driven a DEX car under the influence of alcohol concentration of approximately 0.20% from the 150-meter section to the front of the taxi platform located in the 150-meter head office of the said Gacheon-gun, Sungcheon-gun, Sungcheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Licheon-gun, Licheon-gun, Licheon-do, Licheon-do.

2. In light of the influence of alcohol and lack the ability to discern things or make decisions by the Defendant, the Defendant, at around April 19, 2016, was under the influence of alcohol, and around around April 04:45, the Defendant got off the victim’s left side knee by having the victim’s chest kne in one and both hands, and got off the victim’s chest by having the victim’s chest kne, who was the police officer belonging to the Macheon Police Station, demanded a drinking measurement from the victim F (the 49 years old), a police officer belonging to the said taxi platform, without any reason.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention, investigation, and suppression of crimes, and at the same time, the Defendant inflicted an injury on the left-hand slots that require medical treatment between about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning the facts constituting an offense under the relevant Article of the Act, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. Articles 10(2) and 10(1) and 55(1)3 (the crime of mental or physical weak person and injury) of the Criminal Act mitigated legally [the crime of bodily or mental weak person] / Even according to this part of the facts charged ex officio, the defendant committed an “intoxicly under the influence of alcohol.” This part of the facts charged, and the victimized police officer is drunk at the time of the crime by the defendant.

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