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(영문) 인천지방법원 부천지원 2017.08.10 2017고단1296

도로교통법위반(음주운전)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 1, 2017, the Defendant driving a vehicle with low alcohol content of at least 0.120% in a 200-meter radius from the Do in the upper road of the Nowon-gu, Seocheon-si to B. on April 1, 2017.

2. The Defendant interfered with the performance of official duties on the roads in front of the Nowon-gu, Seocheon-gu, Seocheon-gu, Seoul, and reported 112 on the occurrence of violent incidents on the roads mentioned in paragraph (1), and the security guards E, who were dispatched to the said place, wanted to listen to the statement from the Defendant by the person related to the said violent incident, and was able to see the said police officer’s balthm with two hands.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement with respect to F, G, E, and H (List 14, 15, 16, 27);

1. Notification of the results of regulating driving of drinking alcohol (list 8);

1. Each investigation report (List 25,28);

1. Application of relevant Acts and subordinate statutes of each photograph (list 4,5,24);

1. The relevant Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and imprisonment with prison labor for each offense;

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

1. Article 62(1) of the Criminal Act on the stay of execution (a) (a) has no record of confession, reflectment, and criminal punishment for three times, and there has been no criminal punishment for the last seven years, and the degree of assault against police officers is very severe);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;