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(영문) 대구지방법원 김천지원 2017.01.12 2016고단572

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 29, 2016, the Defendant driven the E-Poter Cargo on April 29, 2016, while under the influence of alcohol of about 00:05 at the 10m section of the D Outdoor Parking Lot located in Gumi-si, Gumi-si, Si around 10:154% of alcohol during blood.

On June 28, 2016, 2016, the Defendant assaulted the Defendant’s personal phone her head at the Defendant’s house located in 110 dong 2008 and 110 dong 2008, “the Defendant assaulted the Defendant,” on the 112 report, that the Defendant taken a cell phone site photograph to collect evidence, and that the Defendant used the Defendant’s personal phone her head at the h.

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

Summary of Evidence

"2016 Highest 572"

1. Statement by the defendant in court;

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

1. 2016 Height 1298 "An investigation report (the attachment of photographs at the scene of control and the failure of an administrative disposition);

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. On-site photographs of the case;

1. 112 Application of Acts and subordinate statutes of Part II to the 112 Report Settlement Statement;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selective punishment of which is provided, Article 136 (1) of the Criminal Act, and the selection of imprisonment for a crime, respectively;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes), Article 38 (1) 50 of the said Act (limited to the extent that the punishment is aggregated with that of the crime of violating the Road Traffic Act) of the said Act: Provided, That the lowest sentence of the punishment shall be based on

1. Six months to six years from the date of imprisonment with prison labor for a prison labor in law; and

2. The application of the sentencing guidelines [type determination] shall interfere with the execution of official duties, and the type 1 (Interference with the performance of official duties and coercion of duties) [the scope of recommending punishment] shall be sentenced to imprisonment for six months from six months to one year and four months (the mitigated area and the violation of the Road Traffic Act, the sentencing guidelines of which are not set.)