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(영문) 대전지방법원천안지원 2020.12.11 2020고단2408

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On March 14, 2014, the Defendant has been issued a summary order of a fine of four million won at the Seoul Central District Court as a crime of violating the Road Traffic Act.

On February 4, 2020, at around 22:45, the Defendant driven a motor vehicle with a bomb alcohol level of approximately 0.165% under the influence of alcohol in the 1km section from the D bus stops located in Asan City to the neighboring road of the D bus stops located in Asan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On February 4, 2020, the Defendant attempted to damage public goods on the front of the D bus stops located in Asan-si, Asan-si, and on the front of the D bus stops located in D, as stated in the foregoing paragraph 1, the Defendant, upon receiving a report from 112, controlled the police officers G belonging to the F Station of the Asan Police Station, who called up for a drinking test and demanded a drinking test, refused to take a heavy or drinking test on the ground that the Defendant was punished for drinking, and thus, he would be subject to heavy punishment.

Around that time, the Defendant discovered that the above G was a public smartphone owned by the police box in order to secure evidentiary materials about the Defendant’s refusal of drinking alcohol measurement at the above place, and tried to capture the pages with a view to securing evidentiary materials on the Defendant’s refusal of drinking alcohol measurement, and that the G was placed on the floor by cutting off the public smartphone cited by the said G in his hand and then damaged it. However, the said G was not a way to control the Defendant, but was attempted.

Accordingly, the defendant attempted to damage articles used by public offices, but did not go through the police officer's restraint, and did not commit the attempted crimes.

3. On February 4, 2020, the Defendant of the obstruction of performance of official duties: (a) on the front of the D bus stops located in Asan-si, Asan-si; and (b) on the front of the D bus stops in front of it; (c) on the same day, G, a police officer of the ASEAN Police Station, as stated in the foregoing 2.

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