logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.09.25 2013고단3138
상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 21:05 on May 30, 2013, the Defendant was required to respond to a drinking test for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling and smelling on the face, at around 22:10 on May 30, 2013, at the traffic survey department of the Suwon Police Station, the traffic survey personnel at around 22:10 on May 30, 2013, the Defendant was required to respond to a drinking test for about 30 minutes.

Nevertheless, the Defendant did not refuse to comply with a police officer’s demand for alcohol testing without justifiable grounds, on three occasions, that the Defendant had not performed drinking and driving alcohol from 22:10 to 23:10 on the same day.

2. On May 30, 2013, the Defendant suffered injury and obstruction of performance of official duties: (a) around 22:14, 2013, at the transportation investigation office of the Suwon Police Station, the Defendant requested the victim C (the age of 41) to take a drinking test, such as the foregoing paragraph (1) that “if the inside is required to take a drinking test; (b) the victim’s chest with his own hand was pushed three times; (c) the victim’s chest was tightly sealed; and (d) the victim interfered with legitimate performance of duties concerning the traffic investigation of the victim; and (d) the victim suffered injury to the light salt that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and E;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a investigative report (CCTV photograph);

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

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. The defendant under Article 62 (1) of the Criminal Act is twice of the suspended execution;

arrow