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(영문) 대구지방법원 2013.12.19 2012고단5695
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Around 20:20 on February 19, 2012, the Defendant violated the Road Traffic Act (driving a sound driving) driving of a fnife vehicle from the front side of a restaurant located in the Gyeongbuk-gun, Gyeongbuk-gun to the same flifter while under the influence of alcohol by 0.090% of the blood alcohol concentration.

2. The obstruction of performance of official duties, the Defendant, at around 20:50 on the same day, escaped from the Dolla, where he was called out after receiving a traffic accident report in front of the Glla, Haak-gun, Glla, and the Halla to find out the investigation of his own car, and the Halla found that the above J, who discovered this, attempted to arrest the Defendant and check the said traffic accident. The above J, “I am, I am like son, I am son, I am son, I am son, I am son, I am son, I am son, I am am son, I am am son, I am am son, I am am son, I am am son, and I am am am am on the face of the above J., at around two weeks.

As a result, the defendant interfered with legitimate execution of duties by police officers' criminal investigations, and at the same time injured the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to J police officers;

1. The investigation report (Attachment of photographs);

1. Written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver (investigative records No. 39), and a report on circumstantial statements of a host driver (investigative records No. 41);

1. Relevant Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was drunkly driven by the defendant, and the defendant interfered with the performance of official duties by police officers and inflicts bodily injury on police officers, and thus, the criminal liability is not minor. However, the victim and the victim agreed with the victim.

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