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(영문) 대구지방법원 2014.08.21 2014고단2743
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 May 24, 2014, at around 01:03, the Defendant driven a car under the influence of alcohol alcohol concentration of 0.137% at the section of about 1km from the street to the front of a non-school, middle school, and high school located in the same Eup/Myeon located in the Sinyang-Eup Sin-si Si Sinsan-si from the street to the street of the same Eup/Myeon.

2. On May 24, 2014, at around 01:18, the Defendant: (a) was asked questions about telephone numbers from the victim slope E (the victim 43 years of age) belonging to the Gansan Police Station Diplomatic Police Station D, which arrived at the site after receiving a report of drunk driving in front of the Donyang-si, Seoyang-si, Sinsan-si, and (b) the Defendant got asked to the victim, and the victim said, “Irree the draft, grant the consent, or spice,” and (c) made it difficult for the victim to raise the victim’s face by hand on the right hand, so that the victim’s face, which was unfolded with the upper part of the table, can be cut up to the right side, so long as it is difficult for the victim to take care of approximately 70 days in the way of making a single set of the victim’s face to the right side.

As a result, the Defendant interfered with the legitimate execution of duties of police officers who take measures following a drunk driving report, and at the same time inflicted injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the order of community service and compliance driving lecture [the scope of recommending sentence] shall be stipulated in category 1 (Obstruction of Performance of Official Duties and Compelling of Duties).

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