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(영문) 대전지방법원 천안지원 2018.10.12 2018고단1645

상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 17, 2018, the Defendant: (a) 19:29 on June 17, 2018, the police officer B ( South, 37 years old) sent out after receiving a report from 112 on the driver of drinking on the road while driving a drinking on a 70 local road in the direction of 148-11 in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu; (b) called out the Defendant and demanded the Defendant to open a door to respond to the measurement of drinking; (c) the said B’s body was escaped by opening the door and leaving the door and driving the door, and (d) the subsequent police officer C (Y, 26 years old) who followed the Defendant’s attachment.

Accordingly, the Defendant interfered with the above police officers’ legitimate performance of official duties concerning the handling of 112 reported duties, and at the same time, the above victim C, who is the police officer, had "sleep in a sleep," requiring medical treatment for about seven days.

On May 18, 2015, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) at the Daejeon District Court's Daejeon District Court's Branch on May 18, 2015. On September 1, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime by the same court.

On June 17, 2018, the Defendant driven a nived vehicle with a alcohol level of about 400 meters from around the front of the D cafeteria in Seo-gu, Seocheon-gu, Seocheon-gu to the front of the E apartment, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, with a alcohol level of about 0.216% under the influence of alcohol level from around 17, 2018.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

"2018 Highest 1645"

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Statement of opinion;

1. Police officers: C 2018 senior 1655, senior 2015, senior 2013;

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2(2)1 and Article 44(1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 136(1) of the Criminal Act (the act of obstructing the performance of official duties).