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(영문) 서울중앙지방법원 2017.02.08 2016고단6225

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 February 3, 2009, the Defendant was issued a summary order of KRW 4,00,00 by the Seoul Northern District Court on April 24, 2012 to a fine of KRW 2,00,00 for a violation of the Road Traffic Act (driving of alcohol), etc. at a district court of the Jung-gu District on February 3, 2009, and two times the driving force of drinking, such as a person who has been issued a summary order of KRW 4,00,00 for a violation of the Road Traffic Act (driving of alcohol).

The Defendant, while under the influence of alcohol concentration of 0.148% on August 8, 2016, 13:20, 2016, driven a B Carpon vehicle at a section of approximately 100 meters from the front of Dongjak-gu Seoul Metropolitan Government C to the front of E located in Dongjak-gu Seoul Metropolitan Government D.

2. The Defendant interfered with the performance of official duties and the Defendant injured on August 8, 2016 at the street in front of Dongjak-gu Seoul Metropolitan Government on the street around 13:40 on August 8, 2016, while driving a car.

The police officer of the Dongjak-gu Seoul Police Station G District was arrested as a flagrant offender from H with the police officer of the Seoul Police Station G District, who was called up after receiving a report of 112 as the date of assaulting F due to F and Siviation, and the police officer (31) of the victim of the damage caused by Tination was arrested as F. H.

C. C. C. F. H. H.’s buckbucks without any buckbucks, etc. to the Defendant, which caused the injury to the victim, such as the left-hand sprink for about two weeks of medical treatment.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties, and at the same time injured the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. On-site dispatch reports;

1. Photographs;

1. A written diagnosis of injury;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. The phrase “Article 148-2 No. 2 No. 1 of the Road Traffic Act” as stated in the indictment under Article 148-2 No. 1 of the relevant Act on criminal facts appears to be a clerical error.

No. 1, Article 44(1)(the point of drinking), Article 136(1)(the point of obstructing the performance of official duties) of the Criminal Act, and Article 257.