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(영문) 서울중앙지방법원 2019.03.29 2019고단1084

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

Reasons

Punishment of the crime

1. Around 02:05 on December 15, 2018, the Defendant driven C rocketing car with the blood alcohol concentration of about 0.158% from the 1km section to the front road of the restaurant located in the Gangnam-gu Seoul Metropolitan Government cafeteria-dong, Gangnam-gu, Seoul to the front road of the same Gu.

2. On December 15, 2018, the Defendant of the obstruction of performance of official duties at the front of Gangnam-gu Seoul, Seoul: (a) 02:15, the Defendant rheeped the facts charged on the basis of the police statement (Evidence No. 26 of the Evidence Records) of E, the police box of the Seoul Gangnam-gu Police Station D, Seoul, which called the scene after reporting 112 of the suspected drinking driving, and calls for a drinking test by sending it to the site.

The police officer assaulted the police officer on official duty such as drinking, and obstructed the police officer's legitimate execution of duty concerning handling of 112 reports.

3. The Defendant damaged public goods at the time, place, as mentioned in the above Paragraph (2) above, destroyed the above patrol vehicles used by public offices to the extent that the repair cost would be equivalent to 3,00 won, by assaulting the police officer and arresting a flagrant offender at the risk of obstruction of performance of official duties, on board F Abdop patrol vehicles (No. 72) and walking the front seat window of the patrol vehicle at the police box at the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of G and H;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Written estimate;

1. Destruction or photograph of the patrol vehicle;

1. Application of Acts and subordinate statutes to the investigation report (No. 1,23) (Evidence List No. 1,23);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, Article 141 of the Criminal Act, and the choice of imprisonment each sentence;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be aggravated: Provided, That the lowest sentence shall be the same;