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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 13, 2016, the Defendant: (a) while driving D Launa car on the front of the new IC road located in Seoyang-gu, Seoyang-gu; (b) around 00:10 on February 13, 2016, the Defendant stopped at one-lane to find out that police officers are under the influence of drinking and avoid regulating the driving of drinking.
Therefore, the victim E, the police officer of the police who was under the control of drinking driving, demanded the defendant to go to the future and the defendant to leave the vehicle in the future. However, the defendant attempted to make a U-turn by disregarding it and repeating the whole margin of the vehicle, and during that process, the victim's right side headlights the victim's right side knee and shocks the victim's right blue with the victim's right side blus.
In the end, the Defendant, while carrying a dangerous object, assaulted the victim who is the police officer, thereby obstructing the legitimate performance of duties concerning the crackdown on drinking, and suffered injury to the victim, such as dump dump, requiring treatment for about 14 days.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A medical certificate of injury, a video CD, a comprehensive vehicle content, and a reply to a fact-finding inquiry at the time of committing a crime;
1. Application of Acts and subordinate statutes to investigation reports (verification of black boxes and video images);
1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)
1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);
1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.
1. Summary of the assertion
(a) The defendant's car was shocked at the time that the defendant's car was a U-turn;
B. There was no intention to obstruct the Defendant’s performance of official duties.
(c)
Even if the defendant's car is a U.S. driver, the injured person is injured.