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(영문) 인천지방법원 2016.10.12 2016고단4818

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2016, the Defendant: (a) driven CK3 motor vehicles under the influence of alcohol with approximately KRW 0.164% of alcohol concentration from the section of approximately 500 meters from the area where the Defendant was under the influence of alcohol at around 23:35, Jun. 3, 2016 to the underground parking lot of the same Gu B apartment 101.

2. On June 3, 2016, at the underground parking lot as indicated in the foregoing paragraph 1 (1) around 23:55 on June 3, 2016, the Defendant: (a) obstructed the disturbance of the police officer in the state of full-take; (b) assaulted the police officer’s left knife at one time, with his hand, at the seat of the police officer, during the police officer belonging to the Incheon Southern Police Station D District, who was dispatched to the site after having been reported 112 that the Defendant driven by drinking; and (c) Ha and F, who was subject to restraint from F, on the part of the police officer F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G and F;

1. Notification of the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes of investigation report (official application of the Tramark);

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

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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall apply to a person who has no previous offense except a person who

1. Order to attend lectures under Article 62-2 of the Criminal Act;