beta
(영문) 창원지방법원 밀양지원 2013.09.26 2013고단291

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 20:00 on April 20, 2013, the Defendant driven a B rocketing car under the influence of alcohol content of 0.230% from the 2km section from the Dogsung, which was in the upper south of the east of the Hayang-si, to the same Dog-dong and the same Dog-dong.

2. On April 20, 2013, the Defendant: (a) around 20:30 on April 20, 2013, while driving a drunk at the place indicated in paragraph (1), caused a traffic accident; and (b) was arrested as a flagrant offender to D by the police box of the smuggling Police Station, which observed the occurrence of the traffic accident.

The Defendant, along with the above D, was aware that the above D does not see himself from among the Does that he was aboard with the patrol box, and the Defendant was able to see the face of the said D once with his hand and stroke with his arms.

Accordingly, the above D violated D's chests and part of the chests of the above D's chests and part of the ship at one time, and assaulted the face E belonging to the Stalyang Police Station, which she sawd, by exposing it twice alight.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;