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(영문) 광주지방법원 순천지원 2014.12.12 2014고단1738
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 23:35, 2014, the Defendant was driving a cft car under the influence of alcohol with a blood alcohol content of about 0.241% from the 3km section from the 3km section to the front road of the 2nd apartment road located in the B apartment at the time of drinking water.

2. On October 9, 2014, around 00:15, the Defendant was engaged in obstruction of performance of official duties, and the Defendant was engaged in driving at the front of the B apartment house in a leisure time, with the victim E (the police officer 46 years old), who is the circumstances leading up to the D District Unit of the leisure Police Station called up after receiving a report that “a person is engaged in drinking,” and was accompanied by the patrol vehicle to take a drinking test, and was accompanied by the D Zone of the leisure Police Station.

When the Defendant arrived at the D Zone of the Leisure Station in F at the time of leisure, he sawd from the patrol car to get a drinking test, and gets off the floor by making the body part of the victim tightly pushed off with his hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers related to the investigation of the case, and at the same time, the Defendant inflicted an injury on the victim, such as knee-feeing knee

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of damaged parts;

1. A medical certificate;

1. Report on the circumstances of the driving of a motor vehicle;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article 148-2 (2) 1, 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 (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Suspension of execution is repeated under Article 62(1) of the Criminal Act.

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