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(영문) 서울북부지방법원 2015.04.14 2015고단739
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. Around July 28, 2014, the Defendant violated the Road Traffic Act (driving on a sound driving) driving on the C T-Ra car at a level of 10 meters, while under the influence of alcohol by 0.228% in front of the G-Jllll in Seoul Special Metropolitan City, Nowon-gu, 875-ro (Offset dong).

2. The obstruction of performance of official duties and the Defendant: (a) refused to comply with a request for a alcohol measurement by the guards belonging to the Seoul Labor Relations Commission Police Station D police box, who was dispatched after receiving a report of 112 at the same time and place; (b) responded to the second measurement; and (c) did not drive a motor vehicle for drinking; (d) opened the police chest attached to the above E’s work uniform and attached to the above E on one hand, and interfere with legitimate performance of duties concerning the crackdown on drunk driving of the above police officer on one’s head; and (e) at the same time, interfered with legitimate performance of duties concerning the crackdown on drunk driving of the above police officer on one’s own; and (e) put the victim E (the aged 51) on a part of the victim E for seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. A report on the actual state of the driver;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Crimes of injury in the judgment on the scope of recommendations [the scope of recommendations] general injury (the general injury) shall be the basic area (4-1-6 months) (special mitigation (a person).

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