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(영문) 춘천지방법원 강릉지원 2017.10.17 2017고단951

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2017, the Defendant driven a D-do motor vehicle under the influence of alcohol concentration of about 0.173% from the 6km section of the blood alcohol level to the “C” road located in Pyeongtaek Dong-dong in the Dong-si in the Dong-si Sea from around 22:05 on August 4, 2017.

2. On August 4, 2017, at around 22:15, the Defendant: (a) called “C” on the road located in B of the East Sea at the time of the East Sea; (b) sent to the site after receiving a report from 112 that a drinking driver was drunk; and (c) confirmed the Defendant’s drinking, the Defendant: (a) obstructed the police officer belonging to E District of the Police Station in the East Sea, “I ambling off Ra, E Rabbing off”; and (b) obstructed the Defendant by “I ambling off,” while the police officer taken aboard the vehicle of the 32th century at the same time; and (c) damaged the goods used by the ancillary public office so that the 303,378 won of the repair cost of the vehicle would be 303,378 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. A damaged photograph;

1. Statement report on the situation of a driver placed in driving, notification of the results of crackdown on the driver placed in driving, and inquiry about the results of crackdown on drinking;

1. Application of written estimate of general repair costs to statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 141 (1) of the Criminal Act (the point of damaging goods for public use) of the same Act, and the choice of imprisonment for each sentence;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the person was punished for a crime of interference with driving of alcohol or the performance of official duties, the circumstances in which drinking value is more favorable: one's mistake is recognized and reflected, the performance of repair expenses is made, and the defendant's age, sex, criminal conduct, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc. are all the conditions for various kinds of sentencing as shown in the records and trial process.